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REPORT     ***I
PDF 1720kWORD 286k
6 September 2018
PE 618.225v02-00 A8-0278/2018

on the proposal for a regulation of the European Parliament and of the Council on a Pan-European Personal Pension Product (PEPP)

(COM(2017)0343 – C8-0219/2017 – 2017/0143(COD))

Committee on Economic and Monetary Affairs

Rapporteur: Sophia in 't Veld

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 OPINION of the Committee on Employment and Social Affairs
 OPINION of the Committee on the Internal Market and Consumer Protection
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on a Pan-European Personal Pension Product (PEPP)

(COM(2017)0343 – C8-0219/2017 – 2017/0143(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM (2017)0343),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0219/2017),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 19 October 2017(1),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Employment and Social Affairs and the Committee on the Internal Market and Consumer Protection (A8-0278/2018),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

AMENDMENTS BY THE EUROPEAN PARLIAMENT(2)*

to the Commission proposal

---------------------------------------------------------

2017/0143 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on a pan-European Personal Pension Product (PEPP)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)  EU households are amongst the highest savers in the world, but the bulk of these savings are held in bank accounts with short maturities. More investment into capital markets can help meet the challenges posed by population ageing and low interest rates.

(1a)  Old age pensions constitute an essential part of a retiree’s income and for many people, adequate pension provision makes the difference between a comfortable old age and poverty; it is a precondition for exercising fundamental rights laid down in the Charter of Fundamental Rights of the European Union, including in Article 25 on the rights of the elderly which states: “The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life”.

(1b)  The Union is facing several challenges, including demographic challenges because of the fact that Europe is an ageing continent. In addition, career patterns, the labour market and the distribution of wealth are undergoing radical changes, not least as a result of the digital revolution. At the same time, it is increasingly clear that national security systems are not adjusted to a globalised knowledge economy with open borders, labour mobility and migration. Too many people are not, or are inadequately covered by the traditional national pension systems, including, inter alia, women, young people, migrants, low-skilled workers, self-employed workers and workers with atypical contracts.

(1c)  A substantial part of old age pensions is provided under public schemes, so that there is a direct connection between national pension systems and the sustainability of public finances. Notwithstanding the exclusive national competence regarding the organisation of pension systems as determined by the Treaties, income adequacy and financial sustainability of national pension systems are crucial to the stability of the Union as a whole. By channelling more of Europeans’ savings from cash and bank deposits to longer-term investment products, such as voluntary pension schemes, the impact would therefore be beneficial both for individuals (who would benefit from higher returns and improved pension adequacy) and for the broader economy.

(1d)  In 2015, 11,3 million Union citizens of working age (20 to 64 years old) were residing in a Member State other than the Member State of their citizenship and 1,3 million Union citizens were working in a Member State other than their Member State of residence.

(1e)  A portable pan-European Personal Pension Product (PEPP) will increase its attractiveness as a product particularly to young people, and will help to further facilitate the right of Union citizens to live and work across the Union.

(2)  Personal pensions are important in linking long-term savers with long-term investment opportunities. A larger, European market for personal pensions will support the supply of funds for institutional investors and investment into the real economy.

(2b)  This Regulation enables the creation of a pension product which, as far as possible, will be simple, safe, reasonably-priced, transparent, consumer-friendly and portable Union-wide and complements the existing systems in the Member States.

(3)  Currently, the internal market for personal pensions does not function smoothly. In some Member States there is not yet a market for pension products. In others, private pension products are available, but there is a high degree of fragmentation between national markets. As a result, personal pension products have only a limited degree of portability. This can result in difficulties for individuals to make use of their basic freedoms. For instance, they may be prevented from taking up a job or retiring in another Member State. In addition, the possibility for providers to use the freedom of establishment and the freedom to provide services is hampered by the lack of standardisation of existing personal pension products.

(3a)  The European pension market is highly fragmented and diverse, so the impact of PEPPs will be very different across Member States, and the target audience is equally varied. In Member States where the first and second pillar are insufficiently developed, PEPP might offer solutions for people who do not currently have access to adequate provisions. In Member States with highly developed pension markets, the PEPP could broaden the consumer choice, or offer solutions to mobile citizens. However, the PEPP should not aim at replacing existing national pension systems, since it is an additional and complementary product and further priority should be given to the further development, enhancement and reform of the first and second pillar.

(4)  The Capital Markets Union (CMU) will help mobilise capital in Europe and channel it to all companies, including small and medium enterprises, infrastructure and long term sustainable projects that need it to expand and create jobs. One of the main objectives of the CMU is to increase investment and choices for retail investors by putting European savings to better use. For this purpose, a PEPP will represent a step forward for the enhancement of the capital markets integration due to its support to the long-term financing of the real economy.

(5)  As announced in the Commission's Action Plan on building a CMU(4), in September 2015, "the Commission will assess the case for a policy framework to establish a successful European market for simple, efficient and competitive personal pensions, and determine whether EU legislation is required to underpin this market."

(6)  In its Resolution of 19 January 2016(5), the European Parliament stressed that "an environment must be fostered that stimulates financial product innovation, creating more diversity and benefits for the real economy and providing enhanced incentives for investments, and that may also contribute to the delivery of adequate, safe and sustainable pensions, such as, for example, the development of a pan-European Pension Product (PEPP), with a simple transparent design".

(7)  In its conclusions of 28 June 2016(6), the European Council called for "swift and determined progress to ensure easier access to finance for business and to support investment in the real economy by moving forward with the Capital Markets Union agenda".

(8)  In its Communication of 14 September 2016 Capital Markets Union – Accelerating Reform(7), the Commission announced that it "will consider proposals for a simple, efficient and competitive EU personal pension product [..] Options under consideration include a possible legislative proposal which could be tabled in 2017."

(9)  In its Communication Mid-Term Review of the Capital Markets Union Action Plan(8), the Commission announced "a legislative proposal on a pan-European Personal Pension Product (PEPP) by end June 2017. This will lay the foundations for a safer, more cost-efficient and transparent market in affordable and voluntary personal pension savings that can be managed on a pan-European scale. It will meet the needs of people wishing to enhance the adequacy of their retirement savings, address the demographical challenge, complement the existing pension products and schemes, and support the cost-efficiency of personal pensions by offering good opportunities for long-term investment of pension savings".

(10)  Among personal pension products, the development of a PEPP will contribute to increasing choices for retirement saving, especially for mobile workers, and establish an EU market for PEPP providers. It should not, however, call into question the fundamental responsibility of Member States to guarantee a decent minimum standard of living in old age for their citizens and the urgent need to strengthen the capacity of public pension systems to provide a secure, substantive and effective social protection for all.

(10a)  Financial education can support the understanding and awareness of households’ saving choices in the area of voluntary personal pension schemes. Savers should also have a fair chance to fully grasp the risks and the features related to a pan-European product.

(11)  A legislative framework for a PEPP will lay the foundations for a successful market in affordable and voluntary retirement-related investments that can be managed on a pan-European scale. By complementing the existing statutory and occupational pension schemes and products, it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings, addressing the demographic challenge and providing a powerful new source of private capital for long-term investment. This framework will not replace or harmonise existing national personal pension schemes, nor will it affect existing national statutory and occupational pension schemes and products. The PEPP will neither directly nor indirectly be linked to the occupation or the employment status of the PEPP saver.

(11a)  A legislative framework for PEPPs should not limit the responsibility of Member States to meet their obligations regarding the supply of a sufficient state pension.

(12)  The Regulation harmonises a set of core features for the PEPP, which concern key elements such as distribution, contracts, investment policy, provider switching, or cross-border provision and portability. The harmonisation of these core features will improve the level playing field for personal pension providers at large and help boost the completion of the CMU and the integration of the internal market for personal pensions. It will lead to the creation of a largely standardised pan-European product, available in all Member States, empowering consumers to make full use of the internal market by transferring their pension rights abroad and offering a broader choice between different types of providers, including in a cross-border way. As a result of fewer barriers to the provision of pension services across borders, a pan-European Personal Pension Product will increase competition between providers on a pan-European basis and create economies of scale that should benefit savers.

(13)  Article 114 TFEU allows the adoption of acts both in the shape of Regulations or Directives. The adoption of a Regulation has been preferred as it would become directly applicable in all Member States. Therefore, a Regulation would allow a quicker uptake of the PEPP and contribute more rapidly to address the need for more pension savings and investments in the CMU context. Since this Regulation is harmonising the core features of the PEPPs, they do not have to be subject to specific national rules, so a Regulation appears better suited than a Directive in this case. On the contrary, the features which are out of the scope of the Regulation (e.g. accumulation phase conditions) are subject to national rules.

(14)  PEPP providers should have access to the whole Union market with one single product authorisation issued by the European Insurance and Occupational Pensions Authority ("EIOPA"), on the basis of a single set of rules and in cooperation with national competent authorities.

(16)  In order to ensure a high quality of service and effective consumer protection, home and host Member States should closely cooperate in the enforcement of the obligations set out in this Regulation. Where PEPP providers and distributors pursue business in different Member States under the freedom to provide services, the competent authority of the home Member State should be responsible for ensuring compliance with the obligations set out in this Regulation, because of its closer links with the PEPP provider. In order to ensure fair sharing of responsibilities between the competent authorities from the home and the host Member States, if the competent authority of a host Member State becomes aware of any breaches of obligations occurring within its territory, it should inform the competent authority of the home Member State which should then be obliged to take the appropriate measures. Moreover, the competent authority of the host Member State should be entitled to intervene if the home Member State fails to take appropriate measures or if the measures taken are insufficient.

(17)  In the case of the establishment of a branch or a permanent presence in another Member State, it is appropriate to distribute responsibility for enforcement between home and host Member States. While responsibility for compliance with obligations affecting the business as a whole – such as the rules on professional requirements – should remain with the competent authority of the home Member State under the same regime as in the case of provision of services, the competent authority of the host Member State should assume responsibility for enforcing the rules on information requirements and conduct of business with regard to the services provided within its territory. However, where the competent authority of a host Member State becomes aware of any breaches of obligations occurring within its territory with respect to which this Directive does not confer responsibility on the host Member State, a close cooperation demands that that authority informs the competent authority of the home Member State so that the latter takes the appropriate measures. Such is the case in particular as regards breaches of the rules on good repute, professional knowledge and competence requirements. Moreover, in view of protecting consumers, the competent authority of the host Member State should be entitled to intervene if the home Member State fails to take appropriate measures or if the measures taken are insufficient.

(18)  The competent authorities of the Member States should have at their disposal all means necessary to ensure the orderly pursuit of business by PEPP providers and distributors throughout the Union, whether pursued in accordance with the freedom of establishment or the freedom to provide services. In order to ensure the effectiveness of supervision, all actions taken by the competent authorities should be proportionate to the nature, scale and complexity of the risks inherent in the business of a particular provider or distributor▐.

(19)  The pan-European dimension of the PEPP can be developed not only at the level of the provider, through the possibilities for its cross-border activity, but also at the level of the PEPP saver – through the portability of the PEPP, thus contributing to the safeguarding of personal pension rights of persons exercising their right to free movement under Articles 21 and 45 TFEU. Portability involves the PEPP saver changing residence to another Member State without changing PEPP providers, whereas the switching of PEPP providers does not necessarily involve a change of residence. In any case, the place of residence of a PEPP saver should determine the applicable tax regime for the saver.

(20)  A PEPP should comprise national compartments, each of them accommodating personal pension product features allowing that contributions to the PEPP qualify for incentives. At the level of the individual PEPP saver, a first compartment should be created upon opening of a PEPP.

(21)  ▌Upon launching a PEPP, the provider should provide information on which national compartments are immediately available in the contract. If a PEPP provider cannot offer a national compartment in a certain Member State, it should provide the PEPP saver with alternative portability options, such as the possibility to continue saving into a PEPP through a partnership arrangement. If no such partnerships exist, the PEPP saver should be able to switch provider free of charge.

(22)  Taking into account the nature of the pension scheme established and the administrative burden involved, PEPP providers and distributors should provide clear, easy to understand, and adequate information to potential PEPP savers and PEPP beneficiaries to support their decision-making about their retirement. For the same reason, PEPP providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre-enrolment, membership (including pre-retirement) and post-retirement. In particular, information concerning accrued pension entitlements, projected levels of retirement benefits, risks and guarantees including risks relating to environmental, social and governance factors, and costs should be given. Where projected levels of retirement benefits are based on economic scenarios, that information should also include an unfavourable scenario, which should be extreme but plausible.

(23)  Before joining a PEPP scheme, potential PEPP savers should be given all the necessary information to make an informed choice through the provision of advice assessing their saving demands and needs.

(24)  In order to ensure optimal product transparency, PEPP providers should draw up the PEPP key information document for the PEPPs that they manufacture before the product can be distributed to PEPP savers. They should also be responsible for the accuracy of the PEPP key information document. ▌

(25)  In order to ensure widespread dissemination and availability of PEPP key information documents, this Regulation should provide for publication by the PEPP provider of PEPP key information documents on its website.

(26)  Pension product calculators are already being developed at national level. However, in order for the calculators to be as useful as possible to consumers, they should cover the costs and fees charged by the various PEPP providers, together with any further costs or fees charged by intermediaries or other parts of the investment chain not already included by the PEPP providers.

(26a)  A Union pension tracker, enabling citizens to calculate their accumulated pension capital and accrued pension entitlements, so as to have a complete overview, should be developed as a matter of urgency, alongside the development of products like PEPP.

(28)  The PEPP key information document should be clearly distinguishable and separate from any marketing communications.

(29)  PEPP providers should draw up a Pension Benefit Statement addressed to PEPP savers, in order to present them with key personal and generic data about the PEPP scheme and to ensure continuous information on it. The Pension Benefit Statement should be clear and comprehensive and should contain relevant and appropriate information to facilitate the understanding of pension entitlements over time and across schemes and serve labour mobility. The Pension Benefit Statement should be provided annually to the PEPP saver.

(30)  PEPP providers should inform PEPP savers sufficiently in advance before retirement about their pay-out options and at least one year before entering the decumulation phase. Where the retirement benefit is not paid out in accordance with the options applicable to the Basic PEPP or for an alternative PEPP as a lifetime annuity, members approaching retirement should receive information about the benefit payment products available, in order to facilitate financial planning for retirement.

(31)  During the phase when retirement benefits are paid, PEPP beneficiaries should continue to receive information on their benefits and corresponding pay-out options. This is particularly important when a significant level of investment risk is borne by PEPP beneficiaries in the pay-out phase. PEPP beneficiaries should also be informed of any reduction in the level of benefits due, prior to the application of any such reduction, after a decision which will result in a reduction has been taken. ▌PEPP providers are recommended to consult PEPP beneficiaries in advance of any such decision.

(32)  In order to protect adequately the rights of PEPP savers and PEPP beneficiaries, PEPP providers should be able to opt for an asset allocation that suits the precise nature and duration of their liabilities, including those having a long term horizon. Therefore, efficient supervision is required as well as an approach to investment rules that allows PEPP providers sufficient flexibility to decide on the most secure and efficient investment policy, while obliging them to act prudently and in alignment with the PEPP saver's needs and preferences. Compliance with the prudent person rule therefore requires an investment policy geared to the customers' structure of the individual PEPP provider.

(33)  By setting the prudent person rule as the underlying principle for capital investment and making it possible for PEPP providers to operate across borders, the redirection of savings into the sector of personal retirement provision is encouraged, thereby contributing to economic and social progress. The prudent person rule should also take into explicit consideration the role played by environmental, social and governance factors in the investment process.

(34)  This Regulation should ensure an appropriate level of investment freedom for PEPP providers. As very long-term investors with low liquidity risks, PEPP providers are in a position to contribute to the development of the CMU by investing in non-liquid assets such as shares and in other instruments that have a long-term economic profile and are not traded on regulated markets, multilateral trading facilities (MTFs) or organised trading facilities (OTFs) within prudent limits. They can also benefit from the advantages of international diversification. Investments in shares in currencies other than those of the liabilities and in other instruments that have a long-term economic profile and are not traded on regulated markets, MTFs or OTFs should therefore not be restricted, in line with the prudent person rule so as to protect the interest of PEPP savers and PEPP beneficiaries, except on prudential grounds.

(35)  In the context of deepening the CMU, the understanding of what constitutes instruments with a long-term economic profile is broad. Such instruments are non-transferable securities and therefore do not have access to the liquidity of secondary markets. They often require fixed term commitments which restrict their marketability and should be understood to include participation and debt instruments in, and loans provided to, non-listed undertakings. Non-listed undertakings include infrastructure projects, unlisted companies seeking growth, real estate or other assets that could be suitable for long term investment purposes. Low carbon and climate resilient infrastructure projects are often non-listed assets and rely on long term credits for project financing. Considering the long-term nature of their liabilities, PEPP providers are encouraged to allocate a sufficient part of their asset portfolio to sustainable investments in the real economy with long-term economic benefits, in particular to infrastructure projects and corporates.

(36)  Environmental, social and governance factors, as referred to in the United Nations-supported Principles for Responsible Investment, are important for the investment policy and risk management systems of PEPP providers. PEPP providers should ▌consider such factors in investment decisions and to take into account how they form part of their risk management system so that stranded assets can be avoided. The information on ESG-factors should be available to EIOPA, the competent authorities and the PEPP saver.

(36a)  One of the objectives of regulating PEPPs is to create a safe, cost-friendly long term retirement savings product. Because the investments concerning pension products are long term, special regard must be had to the long term consequences of asset allocation. In particular, environmental, social and governance factors need to be taken into account. PEPP savings should be invested in line with the Union’s climate and sustainability objectives as set out in the Paris agreement, Sustainable Development Goals, and the United Nations Guiding Principles on Business and Human Rights. Furthermore, PEPP providers should adopt an investment exclusion policy in order to ensure that savings are not invested in the most controversial and harmful products or tax avoidance tactics.

(37)  In ensuring compliance with their obligation to develop an investment policy in accordance with the prudent person rule, PEPP providers should be prevented to invest in high-risk and non-cooperative jurisdictions identified by the Financial Action Task Force, nor in a country on the Union list of non-cooperative tax jurisdictions, nor in a country on the Union list of high-risk third countries with strategic deficiencies in their regime on anti-money laundering and countering terrorist financing.

(38)  In view of the long-term retirement objective of the PEPP, the investment options granted to the PEPP savers should be framed, covering the elements which allow investors to make an investment decision ▌.

(39)  The Basic PEPP should be a simple and safe product that can be easily acquired in each Member State and should act as a default option. It should seek capital protection for the PEPP saver, either by applying life cycle risk mitigation techniques, or via a capital guarantee. The PEPP saver should be provided with advice on both risks and benefits of the different techniques.

(39a)  In cases of justified reasons, such as in cases of proven negligence, breaches of law or tax avoidance, or when an authorisation of a PEPP is withdrawn, PEPP savers should be able to switch providers any time and free of charge without being charged or locked-up in a contract.

(40)  The competent authority should exercise its powers having as its prime objectives the protection of the rights of PEPP savers and PEPP beneficiaries and the stability and soundness of PEPP providers.

(41)  Where the PEPP provider is an institution for occupational retirement provision or an investment firm, it should appoint a depositary in relation to the safe-keeping of its assets. This is necessary for protecting consumers, since the sectorial legislation applicable to institutions for occupational retirement provision and investment firms does not provide for the appointment of a depositary.

(42)  Transparency and fairness of costs and fees is essential to develop PEPP savers' trust and allow them to make informed choices. Accordingly, the use of non-transparent pricing methods should be prohibited.

(43)  In order to fulfil the objectives set out in this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of specifying the conditions for the exercise of intervention powers by EIOPA and the competent authorities. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(44)  The Commission should adopt draft regulatory technical standards developed by the ESAs, through the Joint Committee, with regard to the presentation and the content of specific elements the PEPP key information document not covered by the [PRIIPs KID RTS] in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(9), of Regulation (EU) No 1094/2010 of the European Parliament and of the Council(10) and of Regulation (EU) No 1095/2010 of the European Parliament and of the Council(11). The Commission should complement the technical work of the ESAs by conducting consumer tests of the presentation of the key information document as proposed by the ESAs.

(45)  Without prejudice to the right of PEPP customers to bring action in the courts, easily accessible, adequate, independent, impartial, transparent and effective alternative dispute resolution (ADR) procedures should be established between PEPP providers or distributors and PEPP customers for resolving disputes arising from the rights and obligations set out in this Regulation.

(46)  With a view to establishing an efficient and effective dispute resolution procedure, PEPP providers and distributors should put in place an effective complaints procedure that can be followed by their customers before the dispute is referred to be resolved in an ADR procedure or before a court. The complaints procedure should contain short and clearly defined timeframes within which the PEPP provider or distributor should reply to a complaint. ADR entities should have sufficient capacity to engage in an adequate and efficient way in cross-border cooperation with regard to disputes concerning rights and obligations pursuant to this Regulation.

(47)  In order to find better conditions for their investments, thus also stimulating the competition among PEPP providers, PEPP savers should have the right to switch providers during the accumulation and the decumulation phases, through a clear, low-cost, quick and safe procedure.

(48)  The switching process should be straightforward for the PEPP saver. Accordingly, the receiving PEPP provider should be responsible for initiating and managing the process on behalf of the PEPP saver. PEPP providers should be able to use additional means, such as a technical solution, on a voluntary basis when establishing the switching service. Considering the pan-European nature of the product, PEPP savers should be able to switch free of charge when no compartment is available in the Member State the PEPP saver moves to.

(49)  Before giving the authorisation for switching, the PEPP saver should be informed of all the steps of the procedure and costs necessary to complete the switching, in order to enable the PEPP saver to make an informed decision about the switching service.

(50)  The cooperation of the transferring PEPP provider is necessary in order for the switching to be successful. Therefore, the receiving PEPP provider should be provided by the transferring PEPP provider with all the information necessary to reinstate the payments on the other PEPP account. However, such information should not exceed what is necessary in order to carry out the switching.

(51)  In order to facilitate cross-border switching, the PEPP saver should be allowed to ask the new PEPP provider to provide the PEPP saver with information giving details of the new PEPP account, preferably within a single meeting with the new PEPP provider.

(52)  PEPP savers should not be subject to financial losses, including charges and interest, caused by any mistakes made by either of the PEPP providers involved in the switching process. In particular, PEPP savers should not bear any financial loss deriving from the payment of additional fees, interest or other charges as well as fines, penalties or any other type of financial detriment due to delay in the execution of the switching.

(53)  PEPP savers should be given the freedom to decide upon subscription of a PEPP about their pay-out choice (annuities, lump sum, or other) in the decumulation phase, but with a possibility to revise their choice once every three years thereafter, in order to be able to best adapt their pay-out choice to their needs when they near retirement.

(54)  PEPP providers should be allowed to make available to PEPP savers a wide range of decumulation options. This approach would achieve the goal of enhanced take-up of the PEPP through increased flexibility and choice for PEPP savers. It would allow providers to design their PEPPs in the most cost-effective way. It is coherent with other EU policies and politically feasible, as it preserves enough flexibility for Member States to decide about which decumulation options they wish to encourage. However, in the capital guaranteed Basic PEPP, a certain amount (35%) of the capital should be taken out in the form of lifelong annuities to do justice to the retirement nature of the product. Therefore, the ability to take out a percentage of the total amount should be limited to 30% which can be taken out in the first year. For the life-cycle backed Basic PEPP, payment via a drawdown plan should be mandatory.

(55)  Full transparency on costs and fees related to the investment in a PEPP should be guaranteed. A level-playing field between providers would be established, whilst ensuring consumer protection. Comparative information would be available between different products, thus incentivising competitive pricing.

(56)  Although the ongoing supervision of PEPP providers is to be exercised by the respective competent national authorities, EIOPA should coordinate the supervision with regards to PEPPs, in order to guarantee the consistent application of a unified supervisory methodology, contributing in this way to the pan-European nature of the pension product.

(56a)  In order to strengthen consumer rights and to facilitate access to a complaints procedure, PEPP savers should be able, either individually or collectively, to submit complaints through their own national competent authority, by way of “one stop shop”. The competent authority where the complaint was submitted should be responsible for the further steps in the complaints procedure.

(57)  EIOPA should cooperate with national competent authorities and facilitate cooperation and consistency between them. In this respect, EIOPA should play a role in the power of competent national authorities to apply supervisory measures by providing evidence about PEPP-related infringements. EIOPA should also provide binding mediation in the event of disagreement between competent authorities in cross-border situations.

(58)  In order to ensure compliance with the provisions of this Regulation by financial undertakings that manufacture PEPP, as well as by financial undertakings and persons that distribute PEPP, and to ensure that they are subject to similar treatment across the Union, administrative sanctions and other measures which are effective, proportionate and dissuasive should be provided.

(59)  In line with the Commission Communication of 8 December 2010 "Reinforcing sanctioning regimes in the financial services sector"(12) and in order to ensure that the requirements of this Regulation are fulfilled, it is important that Member States take necessary steps to ensure that infringements of this Regulation are subject to appropriate administrative penalties and measures.

(60)  Although Member States may lay down rules for administrative and criminal penalties for the same infringements, Member States should not be required to lay down rules for administrative penalties for the infringements of this Regulation which are subject to national criminal law. However, the maintenance of criminal penalties instead of administrative penalties for infringements of this Regulation should not reduce or otherwise affect the ability of competent authorities to cooperate, access and exchange information in a timely way with competent authorities in other Member States for the purposes of this Regulation, including after any referral of the relevant infringements to the competent judicial authorities for criminal prosecution.

(61)  Competent authorities should be empowered to impose pecuniary sanctions which are sufficiently high to offset the actual or potential profits, and to be dissuasive even for larger financial undertakings and their managers.

(62)  In order to ensure a consistent application of sanctions across the Union, the competent authorities should take into account all relevant circumstances when determining the type of administrative sanctions or other measures and the level of administrative pecuniary sanctions.

(63)  In order to ensure that decisions on breaches and penalties by competent authorities have a dissuasive effect on the public at large and to strengthen consumer protection by warning them about PEPPs distributed in infringement of this Regulation, those decisions should be published, provided that the time period for lodging an appeal has passed and no appeal was lodged, unless such disclosure jeopardises the stability of financial markets or an ongoing investigation.

(64)  In order to detect potential breaches, the competent authorities should have the necessary investigatory powers, and should establish effective mechanisms, to enable reporting of potential or actual breaches.

(64a)  Given the pan-European nature of PEPP and the provision of PEPP, cross-border mechanisms for collective compensatory redress for consumers should equally be available.

(65)  This Regulation should be without prejudice to any provisions in the laws of Member States in respect of criminal offences.

(66)  Any processing of personal data carried out within the framework of this Regulation, such as the exchange or transmission of personal data by the competent authorities, the storage of personal data in the central register held by EIOPA, the processing of personal data by PEPP providers or PEPP distributors should be undertaken in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council(13), Directive (EU)2016/680 of the European Parliament and of the Council(14) and a Regulation on the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications). Any exchange or transmission of information by the ESAs should be undertaken in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council(15).

(66a)  Given the sensitivity of personal financial data, strong data protection is of the utmost importance. Therefore it is recommended that data protection authorities are closely involved in the implementation and supervision of this Regulation.

(67)  Tax incentives can take different forms and play an important role in encouraging the take-up of personal pension products ((PPPs) in a number of Member States. In many Member States the contributions paid for PPPs qualify for some form of tax relief, be it explicit or implicit.

(68)  This Regulation should not be understood as obliging Member States to apply to PEPPs the same tax rules as they would apply to comparable personal pension products under their national laws. However, in application of the national treatment principle, stemming from Articles 21 and 45 of the TFEU and interpreted by the Court of Justice of the European Union, it should be possible for a PEPP that is objectively comparable to a personal pension product (PPP) distributed in a given Member State to benefit from the same tax relief and contractual benefits, such as interest promised, granted to the PPP in this Member State▐. This also applies if the PEPP is provided by a provider from another Member State.

(69)  Following the launch of the PEPP, Member States are encouraged to take into consideration Commission Recommendation (EU) 2017/… and to extend the benefits of the tax advantages they grant to national PPPs also to the PEPP.

(70)  An evaluation of this Regulation is to be carried out, inter alia, by assessing market developments, such as the emergence of new types of PEPPs, as well as developments in other areas of Union law and the experiences of Member States. Such an evaluation has to take account of the different aims and purposes of establishing a well- functioning PEPP-market, and in particular should evaluate whether this Regulation has contributed to the development of multi-pillar pension systems in the Member States and has resulted in more European citizens saving for sustainable and adequate pensions.

(70a)  Given the possible long term implications of this Regulation, it is essential to closely monitor the developments during the initial phase of application. When carrying out the evaluation the Commission should also reflect the experiences of EIOPA, stakeholders and experts, and report to the European Parliament and the Council any observations it might have.

(71)  This Regulation should ensure the respect of fundamental rights and observes the principles recognised in particular by the Charter of the Fundamental Rights of the European Union, in particular the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life, the right to the protection of personal data, the right to property, the freedom to conduct a business, the principle of equality between men and women and the principle of a high level of consumer protection.

(72)  Since the objectives of this Regulation, namely to enhance PEPP saver protection and improve PEPP saver confidence in PEPPs, including where those products are distributed cross-border, cannot be sufficiently achieved by the Member States but can rather, by reason of its effects, be better achieved at Union level the Union may adopt measures, in accordance with principle of subsidiarity as set out in Article 5 of the Treaty of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1Subject matter

This Regulation lays down uniform rules on the authorisation, provision, distribution and supervision of personal pension products that are distributed in the Union under the designation "pan-European Personal Pension product" or "PEPP".

Article 2Definitions

For the purposes of this Regulation, the following definitions apply:

(1)   "personal pension product" means a product which:

(a)   is based on a contract between an individual saver and an entity on a voluntary and complementary basis;

(c)   provides for long-term capital accumulation with the explicit objective of providing income on retirement.

(2)   "pan-European Personal Pension Product (PEPP)" means a long-term savings personal pension product, which is provided under an agreed PEPP scheme by a regulated financial undertaking authorised under Union law and eligible according to Article 5(1) to manage collective or individual investments or savings, and subscribed to voluntarily by an individual PEPP saver, or by an independent PEPP savers association on behalf of its members in view of retirement, with no or strictly limited redeemability;

(3)   "PEPP saver" means any natural person;

(4)  "PEPP scheme" means a contract, an agreement, or a trust deed between a PEPP saver and PEPP provider stipulating which retirement benefits are granted and under which conditions on the basis of an individual retirement savings plan agreed with a PEPP provider;

(5)   "PEPP account" means a personal pension account held in the name of a PEPP saver or a PEPP beneficiary which is used for the execution of transactions allowing the PEPP saver to contribute periodically sums towards ▐retirement and the PEPP beneficiary to receive ▐retirement benefits;

(6)  "PEPP provision" means the manufacturing and distribution of a PEPP;

(6a)  "PEPP manufacturer" means a PEPP provider that sets out the conditions of a PEPP scheme in order to operate PEPP accounts on behalf of PEPP savers and beneficiaries;

(7)   "PEPP beneficiary" means a person receiving PEPP retirement benefits;

(8)   "PEPP distribution" means the activities of advising on, proposing, or carrying out other work preparatory to the conclusion of contracts for providing a PEPP, of concluding such contracts, or of assisting in the administration and performance of such contracts, including the provision of information concerning one or more PEPP contracts in accordance with criteria selected by PEPP customers through a website or other media and the compilation of a PEPP product ranking list, including price and product comparison, or a discount on the price of a pension contract, when the PEPP customer is able to directly or indirectly conclude a pension contract using a website or other media;

(9)   "PEPP retirement benefits" means benefits paid by reference to reaching, or the expectation of reaching, retirement. These benefits may take the form of payments for life, payments made for a temporary period, a lump sum, or any combination thereof;

(10)   "accumulation phase" means the period during which assets (in-payments) are accumulated in a PEPP account and normally runs until the age of retirement of the PEPP beneficiary;

(11)   "decumulation phase" means the period during which assets accumulated in a PEPP account are drawn upon to fund retirement or other income requirements;

(12)   "annuity" means a sum payable at specific intervals over a period, such as the PEPP beneficiary's life or a certain number of years, in return for an investment;

(13)   "drawdown payments" means the possibility for the PEPP beneficiaries to draw discretionary amounts, up to a certain limit on a periodic basis;

(13a)  "total amount" means the full amount of the accumulated pension capital;

(14)   "provider of a PEPP" or "PEPP provider" means a financial undertaking authorised to manufacture a PEPP and distributing it;

(15)   "distributor of a PEPP" or "PEPP distributor" means a financial undertaking authorised to distribute PEPPs not manufactured by it▐;

(16)   "durable medium" means any instrument which:

(a)   enables a PEPP customer to store information addressed personally to that customer in a way accessible for future reference and for a period of time adequate for the purposes of the information; and

(b)   allows the unchanged reproduction of the information stored;

(17)   "competent authority" ▌means the national authority or authorities designated by each Member State for the supervision in the framework of this Regulation;

(18)   "home Member State of the PEPP provider" means the Member State in which the PEPP provider has been authorised;

(19)   "host Member State of the PEPP provider" means a Member State, other than the home Member State, in which a PEPP provider manufactures or distributes PEPPs;

(20)   "compartment" means a section which is opened within each individual PEPP framework contract (PEPP account) for using incentives fixed at national level for investing in a PEPP by the Member State of the PEPP saver's place of residence. Accordingly, an individual may be a PEPP saver or a PEPP beneficiary in each compartment, depending on the respective legal requirements for the accumulation and decumulation phases;

(21)   "capital" means aggregate financial contributions and the investment return on those contributions, calculated on the basis of amounts investible after deduction of all fees, charges and expenses that are directly or indirectly borne by investors;

(22)   "financial instrument" means those instruments specified in Section C of Annex I of Directive 2014/65/EU;

(23)   "depositary" means an institution charged with the safe-keeping of assets and oversight of compliance with the fund rules and applicable law;

(24)   "basic PEPP" means an investment strategy as defined in Article 39, which will be applied when the PEPP saver has not provided instructions on how to invest the funds accumulating in his or her PEPP account;

(25)   "risk mitigation techniques" means techniques for a systematic reduction in the extent of exposure to a risk and/or the likelihood of its occurrence;

(26)   "switching providers" means, upon a PEPP customer’s request, transferring from one PEPP provider to another any positive balance from one PEPP account to the other, with or without closing the former PEPP account;

(27)   "advice" means the provision of a personal recommendation to a PEPP saver, either upon his or her request or at the initiative of the PEPP provider or distributor, in respect of one or more contracts for subscribing PEPP;

(28)   "PEPP customer" means a PEPP saver, a prospective PEPP saver and/or a PEPP beneficiary;

(28a)  "partnerships" means cooperation between PEPP providers to offer compartments in different Member States, in the view of the portability service as referred to in Article 12;

(28b)  "biometric risks" means risks linked to longevity, disability and death;

(28c)  "environmental, social and governance (ESG) factors " means the Union’s climate and sustainability objectives as set out in the Paris agreement, the Sustainable Development Goals, the United Nations Guiding Principles on Business and Human Rights and the UNPRI definitions.

Article 3Applicable rules

The provision of PEPPs shall be subject to:

(a)   this Regulation,

(b)   where authorised by this Regulation, the provisions of the PEPP scheme,

(c)   in the case of matters not regulated by this Regulation or, where matters are partly regulated by it, of those aspects not covered by it, by:

(i)  the provisions of laws adopted by Member States in implementation of EU measures relating specifically to the PEPP;

(ii)  the provisions of Member States' laws which would apply to a comparable personal pension product manufactured and distributed in accordance with the law of the Member State in which the manufacturer has its registered office.

CHAPTER II AUTHORISATION

Article 4Authorisation

1.  A PEPP may only be manufactured and distributed in the Union where it has been authorised by EIOPA in accordance with this Regulation.

2.  Authorisation of a PEPP shall be valid in all Member States. It entitles the authorisation holder to manufacture and distribute the PEPP as authorised by EIOPA.

Article 5Application for authorisation of a PEPP

1.  Only the following financial undertakings may apply for authorisation of a PEPP:

(a)   credit institutions authorised in accordance with Directive 2013/36/EU of the European Parliament and of the Council(16);

(b)  insurance undertakings authorised in accordance with Directive 2009/138/EC of the European Parliament and of the Council(17), engaged in direct life insurance according to Article 2(3) and Annex II of Directive 2009/138/EC;

(c)  institutions for occupational retirement provision registered or authorised in accordance with Directive 2016/2341/EU of the European Parliament and of the Council(18) which cannot cover biometric risks themselves and do not guarantee an investment performance or a certain level of retirement benefits. All assets and liabilities corresponding to a PEPP shall be ring-fenced without the possibility to transfer them to the other retirement provision business of the institution;

(d)  investment firms authorised in accordance with Directive 2014/65/EU, engaged in portfolio management or investment advice;

(e)  investment companies or management companies authorised in accordance with Directive 2009/65/EC of the European Parliament and of the Council(19);

(f)  alternative investment fund ("AIF") managers authorised in accordance with Directive 2011/61/EU of the European Parliament and of the Council(20);

(fa)  other entities registered or authorised in accordance with provisions in national law to provide personal pension products as defined in Article 2(1) of this Regulation, provided that those provisions are deemed sufficient after an assessment by EIOPA, in accordance with the procedure laid down in paragraph 5a.

2.  Financial undertakings listed in paragraph 1 shall submit their applications for authorisation of a PEPP to EIOPA. The application shall include the following:

(a)   information on standard contract terms to be proposed to PEPP savers;

(b)   information on the identity of the applicant and its current and previous financial experience and history;

(c)   the identity of the persons who effectively conduct the business of manufacturing and/or distributing the PEPP;

(d)  information on arrangements regarding portfolio and risk management and administration with regard to the PEPP including, where applicable, information ensuring that the PEPP provider does not invest in nuclear weapon producers;

(e)  information about the investment strategies, the risk profile and other characteristics of the PEPP;

(f)   a list of Member States where the applicant PEPP intends to market the PEPP;

(g)   information on the identity of the depositary, if applicable;

(h)   a description of the information to be made available to PEPP savers, including a description of the arrangements for dealing with complaints submitted by PEPP savers;

(i)   proof of the authorisation or registration of the applicant in accordance with the applicable Union legislative act referred to in paragraph 1 and information on the identity of the competent authority which granted it.

3.  EIOPA may request clarification and additional information as regards the documentation and information provided under paragraph 1.

4.  EIOPA may ask the competent authority of the financial undertaking applying for the authorisation for clarification and information as regards the documentation referred to in paragraph 2. The competent authority shall reply to the request within 10 working days from the date on which it has received the request submitted by EIOPA.

5.  Any subsequent modifications to the documentation and information referred to in paragraphs 1 and 2 shall be immediately notified to EIOPA.

5a  The national competent authority for the entities referred to in point (fa) of paragraph 1 shall request from EIOPA an assessment of the compliance of such entities as well as the reasons why the authorisation is justified. EIOPA shall adopt a decision within two months of receiving such a request. If the competent authority does not agree with EIOPA’s decision, it shall duly present its reasons and shall explain and justify any significant deviation therefrom.

Article 6Conditions for granting authorisation of PEPPs

1.  Within two months from the date of submission of a complete application, as validated by the NCA, EIOPA shall grant authorisation of the PEPP only where EIOPA is fully satisfied that the following conditions are met:

(a)  the applicant complies with this Regulation;

(b)  the applicant is authorised by its competent authority to manufacture products that follow investment strategies of the type covered by this Regulation;

(c)  the proposed PEPP meets all the requirements of this Regulation;

(d)  the proposed PEPP is based on an investment strategy that allows for the retirement outcome contained in the proposed contractual rules.

2.  Before taking a decision on the application, EIOPA shall consult the competent authority of the applicant.

3.  EIOPA shall communicate to the applicant the reasons for any refusal to grant authorisation of a PEPP.

4.  EIOPA shall withdraw the authorisation of a PEPP in the event that the conditions for granting this authorisation are no longer fulfilled.

5.  EIOPA shall, on a quarterly basis, inform the competent authorities of the financial undertakings listed in Article 5(1) of decisions to grant, refuse or withdraw authorisations pursuant to this Regulation.

6.  EIOPA shall ensure co-ordination with and transmit information for the purposes of the exercise of their respective tasks to the European Supervisory Authority (European Banking Authority) established by Regulation (EU) No 1093/2010 and the European Supervisory Authority (European Securities and Markets Authority) established by Regulation (EU) No 1095/2010.

Article 7Designation and conversion

1.  The designation "PEPP" or "pan-European Personal Pension Product" in relation to a personal pension product may only be used where the personal pension product has been authorised by EIOPA to be distributed under the designation "PEPP" in accordance with this Regulation.

2.  Existing personal pension products may be converted into "PEPPs" following authorisation by EIOPA.

3.  PEPP providers shall not convert "PEPPs" into personal pension products that are not covered by this Regulation.

Article 8Distribution of PEPP

1.  Financial undertakings referred to in Article 5(1) may distribute PEPPs which they have not manufactured provided that this activity is covered by the scope of authorisation according to the relevant sectoral legislation.

2.  Insurance intermediaries registered in accordance with Directive 2016/97/EU of the European Parliament and of the Council(21) are entitled to distribute PEPPs which they have not manufactured.

Article 9Prudential regime applicable to different types of providers

Without prejudice to this Regulation, PEPP providers and PEPP distributors shall comply ▌with the relevant prudential regime applicable to them in accordance with the legislative acts referred to in Articles 5(1) and 8(2).

Article 10Central public register

EIOPA shall keep a central public register identifying each PEPP authorised under this Regulation, the provider of this PEPP, the date of the authorisation of the PEPP, the available national compartments it offers and the competent authority of the PEPP provider. The register shall be made publicly available in electronic format and shall be promptly updated if changes occur.

CHAPTER IIICROSS-BORDER PROVISION AND PORTABILITY OF PEPP

SECTION IFREEDOM TO PROVIDE SERVICES AND FREEDOM OF ESTABLISHMENT

Article 11Exercise of the freedom to provide services and freedom of establishment by PEPP providers and distributors

PEPP providers may provide and distribute and PEPP distributors may distribute PEPPs within the territory of a host Member State under the freedom to provide services or the freedom of establishment, provided they do so in compliance with the relevant rules and procedures established by or under the Union legislative acts applicable to them as referred to in Article 5(1) or 8(2).

SECTION IIPORTABILITY

Article 12

The portability service

1.  For the purposes of this Section, the portability service is defined as the right of PEPP savers to continue contributing to a PEPP which they have already contracted with its provider, while changing their place of residence by moving to another Member State.

2.  In case of using the portability service, PEPP savers are entitled to retain all advantages and incentives granted by the PEPP provider and connected with continuous investment in the same PEPP and shall have the right to simultaneously save in more than one compartment.

Article 13Provision of the portability service

1.  PEPP providers shall provide the portability service to PEPP savers holding a PEPP account with them and requesting this service.

2.  When proposing a PEPP, the PEPP provider or PEPP distributor shall provide potential PEPP savers with information on the portability options and on which national compartments are ▌available, either via the provider or from a registered partner.

3.   The available compartments shall be listed in the PEPP scheme. The PEPP provider shall be obliged to offer at least the compartments listed in that scheme. Where a PEPP saver changes his or her place of residence to another Member State and the PEPP provider cannot offer a compartment in that Member State itself, or via a partnership, the PEPP saver shall be offered the possibility to switch to another PEPP provider, free of charge.

Article 14Compartments of the PEPP

Where PEPP providers provide a portability service to PEPP savers in accordance with Article 13, they shall ensure that within each individual PEPP account a new compartment could be opened, either by transferral of accumulated assets or by opening an additional compartment corresponding to the legal requirements and conditions for using incentives fixed at national level for the PEPP by the Member State to which the PEPP saver moves and for which a national compartment is available.

Article 15Opening of a new compartment

1.  ▌Immediately after receiving the PEPP savers request to use the portability service, the PEPP provider shall inform the PEPP saver about the options available to him or her, including the possibility to continue saving in a new compartment.

Consequently, if no partnership or compartment is available, the PEPP provider shall inform the PEPP saver about the right of costless switching.

2.  Where a PEPP saver signals an intention to avail of a compartment in another Member State, as offered by the PEPP provider, the PEPP provider shall obtain the following information:

(a)   the PEPP saver's new Member State of residence;

(b)   the date from which the contributions should be directed to the new compartment;

(c)   any relevant information about possible modifications in the adopted investment strategy or other elements.

(ca)  whether the mobility concerns a transferral or addition.

3.  Not later than three months following the reception of the request under paragraph 2, the PEPP provider shall provide the PEPP saver with complete information free of charge and advice under Chapter IV, Sections II and III regarding the conditions applicable to the new compartment.

4.  The new compartment shall be opened by signing a new contract, or amending the existing one, between the PEPP saver and the PEPP provider, in compliance with the applicable contract law. The date of opening shall be defined in the contract or, in the absence of such stipulation, the new compartment shall be deemed opened at the date of signing the contract or the amendment thereto.

Article 16Transfer of accumulated

assets between the compartments of the PEPP

1.  At the request of the PEPP saver, the PEPP provider shall propose to the PEPP saver to arrange for full or partial transfer of accumulated assets and, where applicable, the surrender value, to other compartments of the PEPP account.

1a.  Immediately after receipt of the application for transfer of the deposits made, the PEPP provider shall inform the PEPP saver about all implications of this asset-transfer and on applicable transfer taxes, fees and charges and of the financial consequences of keeping the existing compartment.

2.  The transfer of assets under paragraph 1 shall be made possible without redemption in kind of these assets.

Article 17Provision of information on portability to the national authorities

1.  All contractual arrangements for providing the portability service, as well as any partnership arrangements as defined by this Regulation shall be notified by the PEPP provider to EIOPA and, where appropriate, to ESMA .

2.  The information under paragraph 1 shall be filed electronically in a central database held with EIOPA within one month of opening the new compartment or partnership. The database shall be accessible to the national competent authorities, who shall automatically receive information concerning the local compartments in the case of any changes as well as the details of any existing or new partnership arrangements between providers and shall contain at least:

(a)   identification of the compartment (name of the PEPP saver; applicable national legislation; date of opening the compartment and partnership);

(b)   amount of the transferred assets, if any;

(c)   way of transfer (with or without redemption in kind of the transferred assets).

CHAPTER IVDISTRIBUTION AND INFORMATION REQUIREMENTS

SECTION IGeneral provisions

Article 18General principle

When carrying out distribution activities for PEPPs, PEPP providers and PEPP distributors shall always act honestly, fairly and professionally in accordance with the best interests of their PEPP customers.

Article 19Distribution regime applicable to different types of PEPP providers and distributors

For the distribution of PEPPs, the different types of PEPP providers and distributors shall comply with all the provisions of this Chapter.

Article 20

Inducements

With regard to the payment or reception of fees or commissions or the provision or reception of non-monetary benefits▐, PEPP providers or distributors▐ shall comply with the applicable national laws giving effect to the rules set out for investment firms in Article 24(7)(b), (8) and (9) of Directive 2014/65/EU. For the purposes of this Article, the reference in Article 24(9) of Directive 2014/65/EC to Article 23 of that Directive shall be read as a reference to Article 18 of this Regulation.

Article 21Electronic distribution and other durable mediums

All documents and information under this Chapter shall be provided free of charge to PEPP customers, either electronically or upon request on another durable medium, provided that the PEPP customer is enabled to store such information in a way accessible for future reference and for a period of time adequate for the purposes of the information and that the tool allows the unchanged reproduction of the information stored. Upon request, PEPP providers and distributors shall provide free of charge those documents and information also on another durable medium.

Article 22Product oversight and governance requirements

1.  PEPP providers shall maintain, operate and review a process for the approval of each PEPP, or significant adaptations of an existing PEPP, before it is distributed to PEPP customers.

The product approval process shall be proportionate and appropriate to the nature of the PEPP.

The product approval process shall specify an identified target market for each PEPP, ensure that all relevant risks to such identified target market are assessed and that the intended distribution strategy is consistent with the identified target market, and take reasonable steps to ensure that the PEPP is distributed to the identified target market.

The PEPP provider shall understand and regularly review the PEPPs it provides, taking into account any event that could materially affect the potential risk to the identified target market, to assess at least whether the PEPPs remain consistent with the needs of the identified target market and whether the intended distribution strategy remains appropriate.

PEPP providers shall make available to PEPP distributors all appropriate information on the PEPP and the product approval process, including the identified target market of the PEPP.

PEPP distributors shall have in place adequate arrangements to obtain the information referred to in the fifth subparagraph and to understand the characteristics and identified target market of each PEPP.

2.  The policies, processes and arrangements referred to in this Article shall be without prejudice to all other requirements under or applying by virtue of this Regulation including those relating to disclosure, suitability or appropriateness, identification and management of conflicts of interest, ▌inducements and ESG-factors.

SECTION IIPRE-CONTRACTUAL INFORMATION

Article 23PEPP key information document

1.  Before a PEPP is proposed to PEPP savers, the PEPP provider shall draw up for that product a PEPP key information document in accordance with the requirements of this Chapter and shall publish the document on its website.

2.  The key information document shall constitute pre-contractual information. It shall be accurate, fair, clear and not misleading. It shall provide key information and shall be consistent with any binding contractual documents, with the relevant parts of the offer documents and with the terms and conditions of the PEPP.

3.  The key information document shall be a stand-alone document, clearly separate from marketing materials. It shall not contain cross-references to marketing material. It may contain cross-references to other documents including a prospectus where applicable, and only where the cross-reference is related to the information required to be included in the key information document.

3a.  By way of derogation from paragraph 3b, where a PEPP offers the PEPP saver a range of options for investments, such that all information with regard to each underlying investment option cannot be provided within a single, concise stand-alone document, the key information document shall provide at least a generic description of the underlying investment options and state where and how more detailed pre-contractual information documentation relating to the investment products backing the underlying investment options can be found.

3b.  The PEPP key information document shall be written in a concise manner, using clear, succinct and comprehensible language and shall contain the key information that PEPP savers require. The key information document should be presented in a way that is easy to read and shall consist of a maximum of three sides of A4-sized paper when printed.

3c.   In addition to the PEPP key information document, PEPP providers and PEPP distributors shall provide potential PEPP savers with a summary of and references to relevant reports on the solvency and financial condition of the PEPP provider, allowing them easy access to this information.

3d.  Potential PEPP savers shall also be provided with information on the past performance of investments related to the PEPP, covering the years the PEPP has been operating.

3f.  Where colours are used in the key information document, they shall not diminish the comprehensibility of the information if the key information document is printed or photocopied in black and white.

3g  Where the corporate branding or logo of the PEPP manufacturer or the group to which it belongs is used in the key information document, it shall not distract the PEPP saver from the information contained in the document or obscure the text.

4.  In addition to the PEPP key information document, PEPP providers and PEPP distributors shall provide potential PEPP savers with references to any reports on the solvency and financial condition of the PEPP provider, allowing them easy access to this information.

6.  In order to ensure consistent application of this Article, the European Supervisory Authorities (European Banking Authority, European Securities and Markets Authority and EIOPA) ("ESAs") shall, through the Joint Committee of the ESAs, develop draft regulatory technical standards specifying the details of the presentation and the content of each of the elements of information referred to inthis Article, together with the requirements needed to present that information in a standardised format allowing for comparison.

When developing the draft regulatory technical standards the ESAs shall take into account the various types of PEPPs, the differences between them and the capabilities of PEPP savers as well as the features of the PEPPs so as to allow the PEPP saver to select between different underlying investments or other options provided for by the product, including where this selection can be undertaken at different points in time, or changed in the future.

The ESAs shall submit those draft regulatory technical standards to the Commission by … .

Power is conferred on the Commission to adopt regulatory technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010.

Article 23a

Information in the PEPP key information document

1.  The title 'PEPP key information document' shall appear prominently at the top of the first page of the PEPP key information document. The PEPP key information document shall be presented in the sequence laid down in paragraphs 2 and 3.

2.  An explanatory statement shall appear directly underneath the title of the PEPP key information document. It shall read: ‘This document provides you with key information about this pension product. It is not marketing material. The information is required by law to help you understand the nature, risks, costs, potential gains and losses of this product and to help you compare it with other products.

3.  The PEPP key information document shall contain at least the following information:

(a)  at the beginning of the document, the name of the PEPP, whether it is a basic PEPP, the identity and contact details of the PEPP provider, information about the competent authority of the PEPP provider and the date of the document;

(b)  where applicable, a comprehension alert which shall read: ‘You are about to purchase a product that is not simple and may be difficult to understand’;

(c)  under a section titled ‘What is this product, the nature and main features of the PEPP, including:

(i)  a description of the retirement benefits and the extent to which they are guaranteed, as well as the extent to which they bear risks, the investment method and the outpayment options and a statement that advises on outpayment shall be provided one year before retirement;

(ii)  the legal information about the retirement age in the Member State, including whether there is a possibility to keep contributing to the scheme after retirement;

(iii)  information on the tax treatment of the PEPP;

(iv)  information on the portability options and switching service;

(v)  information on the possibilities and consequences of an early withdrawal from the PEPP scheme;

(vi)  available information related to the performance of the investment of the PEPP in terms of ESG factors;

(vii)  the objective of the PEPP, including a specification of the markets the PEPP invests in;

(viii)  a description of the type of pension saver to whom the PEPP is intended to be marketed, in particular in terms of the ability to bear investment loss and the investment horizon;

(ix)  where the PEPP offers insurance benefits, details of those insurance benefits, including the circumstances that would trigger them.

(d)  under a section titled ‘What are the risks and what could I get in return?’, a brief description of the risk-reward profile comprising the following elements:

(i)  a summary risk indicator, supplemented by a narrative explanation of that indicator, its main limitations and a narrative explanation of the risks which are materially relevant to the PEPP and which are not adequately captured by the summary risk indicator;

(ii)  the possible maximum loss of invested capital, including, information on:

  appropriate performance scenarios, and the assumptions made to produce them;

  where applicable, information on conditions for returns to PEPP savers or built-in performance caps;

(e)  under a section titled ‘What happens if [the name of the PEPP manufacturer] is unable to pay out?’, a brief description of whether the related loss is covered by an investor compensation or guarantee scheme and if so, which scheme it is, the name of the guarantor and which risks are covered by the scheme and which are not;

(f)  under a section titled ‘What are the costs?’, the costs associated with an investment in the PEPP, comprising both direct and indirect costs to be borne by the PEPP saver, including one-off and recurring costs, presented by means of summary indicators of those costs and, to ensure comparability, total aggregate costs expressed in monetary and percentage terms, to show the compound effects of the total costs on the investment.

The key information document shall include a clear indication that advisors, distributors or any other person advising on, or selling, the PEPP will provide information detailing any cost of distribution that is not already included in the costs specified above, so as to enable the PEPP savers to understand the cumulative effect that those aggregate costs have on the return of the investment;

(g)  under a section titled ‘How long should I hold it and can I take money out early?’

(i)  where applicable, whether there is a cooling off period or cancellation period for the PEPP;

(ii)  an indication of the recommended and, where applicable, required minimum holding period;

(iii)  the ability to make, and the conditions for, any disinvestments before maturity, including all applicable fees and penalties, having regard to the risk and reward profile of the PEPP and the market evolution it targets;

(iv)  information about the potential consequences of cashing in before the end of the term or recommended holding period, such as the loss of capital protection or additional contingent fees;

(h)  under a section titled ‘How can I complain?’, information about how and to whom a PEPP saver can make a complaint about the product or the conduct of the PEPP manufacturer or a person advising on, or selling, the product;

(i)  under a section titled ‘Other relevant information’, a brief indication of any additional information documents to be provided to the PEPP saver at the pre-contractual and/or the post-contractual stage, excluding any marketing material;

4.  Layering of the information required under paragraph (3) shall be permitted, whereby detailed parts of the information can be presented through pop-ups or through links to accompanying layers, so as to ensure the key information document is able to fulfil the obligation set out in Article 23(3b) on the length of the key information document.

In order to ensure consistent application of this Article, EIOPA shall, in consultation with the ESA’s, develop draft regulatory technical standards:

(a)  specifying the details of the presentation and the content of each of the elements of information referred to in article 19 together with the requirements needed to present that information in a standardised format allowing for comparison;

(b)  specifying the calculation methodologies necessary for the information under paragraph 3(d)(i), 3(d)(iii) and 3(f);

(c)  specifying, where layering of information is permitted, which of the information should be in the core presentation, and which information is provided in the additional layers of detail.

When developing the draft regulatory technical standards the ESAs shall take into account the various types of PEPPs, the differences between them and the capabilities of PEPP savers as well as the features of the PEPPs so as to allow the PEPP saver to select between different underlying investments or other options provided for by the product, including where this selection can be undertaken at different points in time, or changed in the future.

Article 23b

Language of the PEPP Key Information Document

1.  The PEPP key information document shall be written in the official languages, or in at least one of the official languages, used in the part of the Member State where the PEPP is distributed, or in another language accepted by the competent authorities of that Member State, or where it has been written in a different language, it shall be translated into one of these languages.

The translation shall faithfully and accurately reflect the content of the original key information document.

2.  If a PEPP is promoted in a Member State through marketing documents written in one or more official languages of that Member State, the key information document shall at least be written in the corresponding official languages.

3.  The PEPP Key Information Document will be made available upon request in an appropriate format to PEPP savers with a visual or hearing impairment as well as for low literate and illiterate PEPP savers.

Article 23c

PEPP Key Information Document Revision

1.  The PEPP manufacturer shall review the information contained in the key information document regularly and shall revise the document where the review indicates that changes need to be made. The revised version shall be made available promptly.

2.  In order to ensure consistent application of this Article, the ESAs shall, through the Joint Committee, develop draft regulatory technical standards specifying:

(a)  the conditions for reviewing the information contained in the key information document;

(b)  the conditions under which the key information document must be revised;

(c)  the specific conditions under which information contained in the key information document must be reviewed or the key information document revised where a PEPP is made available to PEPP savers in a non-continuous manner;

(d)  the circumstances in which PEPP savers are to be informed about a revised key information document for a PEPP purchased by them, as well as the means by which the PEPP savers are to be informed.

The ESAs shall submit those draft regulatory technical standards to the Commission 12 months after coming into force of this Regulation.

Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010.

Article 23dMarketing Communication

Marketing communications that contain specific information relating to the PEPP shall not include any statement that contradicts the information contained in the key information document or diminishes the significance of the key information document. Marketing communications shall indicate that a key information document is available and supply information on how and from where to obtain it, including the PEPP manufacturer's website.

Article 23e

Civil Liability

1.  The PEPP manufacturer shall not incur civil liability solely on the basis of the key information document, including any translation thereof, unless it is misleading, inaccurate or inconsistent with the relevant parts of legally binding pre-contractual and contractual documents or with the requirements laid down in Article 23.

2.  A PEPP saver who demonstrates loss resulting from reliance on a key information document under the circumstances referred to in paragraph 1, when making an investment into the PEPP for which that key information document was produced, may claim damages from the PEPP manufacturer for that loss in accordance with national law.

3.  Elements such as ‘loss’ or ‘damages’ as referred to in paragraph 2 which are not defined shall be interpreted and applied in accordance with the applicable national law as determined by the relevant rules of private international law.

4.  This Article does not exclude further civil liability claims in accordance with national law.

5.  The obligations under this Article shall not be limited or waived by contractual clauses.

Article 23f

Insurance Elements

Where the PEPP key information document concerns an insurance contract, the insurance undertakings' obligations are only towards the policyholder of the insurance contract and not towards the beneficiary of the insurance contract.

Article 23g

Provision of the key information document

1.  A person advising on, or selling, a PEPP shall provide PEPP savers with the key information document in good time before those PEPP savers are bound by any contract or offer relating to that PEPP.

2.  A person advising on, or selling, a PEPP may satisfy the requirements of paragraph 1 by providing the key information document to a person with written authority to make investment decisions on behalf of the PEPP savers in respect of transactions concluded under that written authority.

Article 23h

Disclosure of information to PEPP savers related to distribution

1.  PEPP providers and distributors shall ensure that, in goodtime before the conclusion of a PEPP-related contract, PEPP providers, intermediaries or distributors referred to in Article 5(1) and Article 8 of this Regulation shall provide PEPP savers or potential PEPP savers with at least the following information:

(a)  whether they have a holding, direct or indirect, representing 10 % or more of the voting rights or of the capital in a given PEPP provider;

(b)  in relation to the contracts proposed or advised upon, whether:

(i)  a PEPP provider or parent undertaking of a PEPP provider has a holding, direct or indirect, representing 10 % or more of the voting rights or of the capital in the PEPP intermediary or distributor;

(ii)  they give advice on the basis of a fair and personal analysis;

(iii)  they are under a contractual obligation to conduct distribution business exclusively with one or more PEPP providers, in which case it is to provide the names of those PEPP providers; or

(iv)  they are under a contractual obligation to conduct distribution business exclusively with one or more PEPP providers and does not give advice on the basis of a fair and personal analysis, in which case it is to provide the names of the PEPP providers with which it may and does conduct business;

(c)  the nature of the remuneration received in relation to the contract;

(d)  whether in relation to the contract, they work on the basis of:

(i)  a fee, that is the remuneration paid directly by the PEPP saver;

(ii)  a commission of any kind, that is the remuneration included in the costs and charges of the distribution of the PEPP;

(iii)  any other type of remuneration, including an economic benefit of any kind offered or given in connection with the contract; or

(iv)  a combination of any type of remuneration set out in points (i), (ii) and (iii).

2.  Where the fee is payable directly by the PEPP saver, the PEPP intermediary or distributor shall inform the PEPP saver of the amount of the fee or, where that is not possible, of the method for calculating the fee.

3.  If any payments, other than the scheduled payments, are made by the PEPP saver under the contract after its conclusion, the PEPP intermediary or distributor shall also make the disclosures in accordance with this Article for each such payment.

4.  Member States shall ensure that in good time before the conclusion of a contract, the PEPP provider communicates to the PEPP saver the nature of the remuneration received by its employees in relation to the contract.

5.  If any payments, other than the scheduled payments, are made by the PEPP saver under the contract after its conclusion, the PEPP provider shall also make the disclosures in accordance with this Article for each such payment.

6.  Appropriate information shall be provided in good time, prior to the conclusion of a contract, to PEPP savers or potential PEPP savers with regard to the distribution of the PEPP, and with regard to all costs and related charges. That information shall include at least the following:

(a)  when advice is provided, whether the PEPP intermediary or distributor will provide the PEPP savers with a periodic assessment of the suitability of the PEPP recommended to that PEPP savers ;

(b)  as regards the information on all costs and related charges to be disclosed, information relating to the distribution of the PEPP, including the cost of advice, where relevant, the cost of the PEPP recommended or marketed to the PEPP saver and how the PEPP saver may pay for it, also encompassing any third party payments in accordance with Article 28.

7.  The information referred to in this paragraph 3 shall be provided in a standardised format allowing for comparison and in a comprehensible form in such a manner that PEPP savers are reasonably able to understand the nature and risks concerning the PEPP offered and, consequently, to take investment decisions on an informed basis.

8.  The Commission shall be empowered to adopt delegated acts in accordance with Article 62 in order to specify:

(a)  the conditions under which the information must comply in order to be fair, clear and not misleading, including the criteria on which the standardised format referred to in paragraph 2 shall be based;

(b)  the details about content and format of information to PEPP savers in relation to PEPP providers, intermediaries and distributors and costs and charges.

Section IIIAdvice ▌

Article 25Specification of demands and needs and provision of advice

1.  Prior to the conclusion of a PEPP-related contract, the PEPP provider or distributor of this Regulation shall specify, on the basis of information obtained from the PEPP saver, the retirement-related demands and the needs of that PEPP saver and shall provide the PEPP saver with objective information about the PEPP in a comprehensible form to allow that PEPP saver to make an informed decision.

Any contract proposed shall be consistent with the PEPP savers’s retirement demands and needs, including their accrued pension rights.

2.  The PEPP provider or distributor referred to in Article 19(c) of this Regulation shall provide the PEPP saver with a personalised recommendation explaining why a particular PEPP would best meet the PEPP savers’s demands and needs.

3.   Where a PEPP provider or distributor informs the PEPP saver that it gives its advice on an in dependent basis, it shall give that advice on the basis of an analysis of a sufficiently large number of personal pension products available on the market to enable it to make a personal recommendation, in accordance with professional criteria, regarding which the PEPP-related contract would be adequate to meet the PEPP saver’s needs and also contain factors that may pose a risk for the PEPP saver.

4.  When providing advice at any stage during the contract, the PEPP provider shall obtain the necessary information regarding the PEPP saver’s knowledge and experience in the investment field relevant to the PEPP, that person’s financial situation including his or her ability to bear losses, and his or her investment objectives including his or her risk tolerance so as to enable the PEPP provider, intermediary or distributor to recommend to the PEPP saver or potential PEPP saver the PEPP that is suitable for him or her and, in particular, is in accordance with his or her risk tolerance and ability to bear losses..

4a.  In the case of a Basic PEPP, a PEPP saver shall be informed about the applicable investment option.

4b.  Advice may be provided through digital channels, with respect to all rules stipulated in this Regulation.

5.  PEPP providers, distributors and intermediaries shall ensure and demonstrate to competent authorities on request that natural persons giving advice on PEPPs possess the necessary knowledge and competence to fulfil their obligations under thisRegulation. Member States shall publish the criteria to be used for assessing such knowledge and competence.

SECTION IVINFORMATION DURING THE TERM OF THE CONTRACT

Article 27

General provisions

1.  PEPP providers shall draw up a concise personalised document containing key information for each PEPP saver taking into consideration the specific nature of national pension systems and of relevant legislation, including national social, labour and tax law (“PEPP Benefit Statement”). The title of the document shall contain the words “PEPP Benefit Statement”.

2.  The exact date to which the information in the PEPP Benefit Statement refers to shall be stated prominently.

3.  In addition, the PEPP saver shall be kept informed throughout the term of the contract of any change concerning the following information:

(a)   the policy conditions, both general and special;

(b)   the name of the PEPP provider’s undertaking, its legal form or the address of its head office and, where appropriate, of the branch which concluded the contract;

(c)   all the information referred to in Article 23(2) to (5) in the event of a change in the PEPP conditions or amendment of the law applicable to the PEPP-related contract;

(d)   information on how the investment policy takes into account environmental, social and governance factors.

3 a.  The information contained in the PEPP Benefit Statement shall be accurate, updated and made available to each PEPP saver free of charge through electronic means, including on a durable medium or by means of a website, or on paper, at least annually. A paper copy shall be provided to PEPP savers on request in addition to any information through electronic means.(Rapporteur 114) Any material change to the information contained in the PEPP Benefit Statement compared to the previous year shall be clearly indicated.

Article 28PEPP Benefit Statement

1.  The PEPP Benefit Statement shall include, at least, the following key information for PEPP savers:

(a)   personal details of the PEPP saver, name of the PEPP provider, information on pension benefit projections, information on accrued entitlements or accumulated capital, contributions paid by the PEPP saver or any third party and information on the funding level of the PEPP scheme▐;

(b)   a clear indication of the statutory retirement age of the PEPP saver, the retirement age laid down in the pension scheme or estimated by the PEPP provider, or the retirement age set by the PEPP saver, as applicable and if different from the retirement age, the expected start of the decumulation phase;

(c)    the name of the PEPP provider and its contact address and identification of the PEPP scheme of the PEPP saver;

(d)   information on pension benefit projections based on the retirement age as specified in point (b), and a disclaimer that those projections may differ from the final value of the benefits received. If the pension benefit projections are based on economic scenarios, that information shall also include a best estimate scenario and an unfavourable scenario, taking into consideration the specific nature of the PEPP scheme;

(e)   information on the accrued entitlements or accumulated capital taking into consideration the specific nature of the PEPP scheme;

(ea)  information on the contributions paid by any third party and the PEPP saver into the PEPP scheme, at least over the last 12 months, taking into consideration the specific nature of the PEPP scheme;

(eb)  information on the past performance of the PEPP scheme as a whole or, where relevant, of the PEPP saver's investment option presented in a chart covering performance for any years available;

(ec)  a breakdown of the costs deducted by the PEPP provider at least over the last 12 months, indicating the costs of administration, costs of safekeeping of assets, costs related to portfolio transactions and other costs, as well as an estimation of the impact of the costs on the final benefits;

(ed)  information on the funding level of the PEPP scheme as a whole;

(ef)  Information on the investment policy relating to ESG-factors.

2.  The Pension Benefit Statement shall specify where and how to obtain supplementary information including: further practical information about the PEPP savers options provided under the PEPP scheme.

3.  EIOPA shall, in consultation with the European Central Bank and national supervisors, develop draft regulatory technical standards specifying the rules to determine the assumptions on pension benefit projections referred to in point (a), the presentation of past performance referred in point (eb) and the presentation of costs referred to in point (ec) of paragraph 1. Those rules shall be applied by PEPP providers to determine, where relevant, the annual rate of nominal investment returns, the annual rate of inflation and the trend of future wages.

EIOPA shall submit those draft regulatory technical standards to the Commission by … Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Article 10 of Regulation (EU) No 1094/2010.

Article 29Supplementary information

1.  The PEPP Benefit Statement shall specify where and how to obtain supplementary information including:

(a)   further practical information about the PEPP savers options provided under the pension scheme, including the portability options;

(b)   information on the annual accounts and annual reports of the PEPP provider, taking into account each PEPP scheme operated by that provider, and, where applicable, annual accounts and annual reports for each PEPP scheme;

(d)   where applicable, information about the assumptions used for amounts expressed in annuities, in particular with respect to the annuity rate, the type of PEPP provider and the duration of the annuity;

(e)   information on the level of benefits, in case of early redemption.

2.  For PEPP schemes where PEPP savers bear investment risk and where an investment option is imposed on the PEPP saver by a specific rule specified in the PEPP scheme, the PEPP Benefit Statement shall indicate where additional information is available.

2a.  For PEPP schemes where PEPP savers bear investment risk and where an investment option is imposed on the PEPP saver by a specific rule specified in the PEPP scheme, the PEPP Benefit Statement shall indicate where additional information is available.

2b.  The information has to be easily available through electronic means and free of charge.

2 c.  At the request of a PEPP saver or a PEPP beneficiary or their representatives, the PEPP provider shall provide the following additional information:

(a)  the annual accounts and the annual reports referred to in point (b) of Article 29 paragraph 2c (a) or, where a PEPP provider is responsible for more than one PEPP scheme, the accounts and reports relating to their particular PEPP scheme;

(b)  the statement of investment-policy principles, referred to in point (c) of Article 29 paragraph 2c (b);

(c)  any further information about the assumptions used to generate the projections referred to in point (a) of Article 29 paragraph 2c (c).

2d.  The information shall be easily available through electronic means and free of charge.

3.  EIOPA, after consulting national authorities and after consumer organisations, shall develop draft regulatory technical standards specifying the details of the presentation of the information referred to in Article 28 and in this Article.

EIOPA shall submit those draft regulatory technical standards to the Commission by … [within 9 months after the entry into force of the Regulation].

Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1094/2010.

Article 30Information to be given to PEPP savers during the pre-retirement phase and to PEPP beneficiaries during the decumulation phase

1.  In addition to the PEPP Benefit Statement, PEPP providers shall provide each PEPP saver at least one year before the retirement age as specified in Article 30 or at the request of the PEPP saver, with information about the benefit pay-out options available in taking their retirement benefits.

2.  One year prior to the retirement phase, a communication shall be sent to the PEPP saver in order to inform him or her about the upcoming start of the decumulation phase and the possible forms of out-payments..

SECTION VREPORTING TO NATIONAL AUTHORITIES

Article 32General provisions

1.  PEPP providers shall submit to the competent authority of the home Member State, and, where appropriate, to the competent authority of the host Member State,the information which is necessary for the purposes of supervision. That information shall include at least the information necessary to carry out the following activities when performing a supervisory review process:

(a)   to assess the system of governance applied by the PEPP providers, the business they are pursuing, the valuation principles applied for solvency purposes, the risks faced and the risk-management systems, and their capital structure, needs and management;

(b)   to make any appropriate decisions resulting from the exercise of their supervisory rights and duties.

2.  The competent authorities shall have the following powers:

(a)   to determine the nature, the scope and the format of the information referred to in paragraph 1 which they require PEPP providers to submit at the following points in time:

(i)   at predefined periods;

(ii)   upon occurrence of predefined events;

(iii)   during enquiries regarding the situation of a PEPP provider;

(b)   to obtain from the PEPP providers any information regarding contracts which are held by PEPP providers or regarding contracts which are entered into with third parties; and

(c)   to require information from external experts, such as auditors and actuaries.

3.  The information referred to in paragraphs 1 and 2 shall comprise the following:

(a)   qualitative or quantitative elements, or any appropriate combination thereof;

(b)   historic, current or prospective elements, or any appropriate combination thereof;

(c)   data from internal or external sources, or any appropriate combination thereof.

4.  The information referred to in paragraphs 1 and 2 shall:

(a)   reflect the nature, scale and complexity of the business of the PEPP provider concerned, and in particular the risks inherent in that business;

(b)   be accessible, complete in all material respects, comparable and consistent over time;

(c)   be relevant, reliable and comprehensible.

5.  PEPP providers shall have appropriate systems and structures in place to fulfil the requirements laid down in paragraphs 1 to 4 as well as a written policy, approved by the administrative, management or supervisory body of the PEPP provider, ensuring the ongoing appropriateness of the information submitted.

6.  Upon request addressed to the competent authorities, EIOPA shall have access to the information submitted by PEPP providers.

7.  The Commission shall adopt delegated acts in accordance with Article 62 specifying the information referred to in paragraphs 1 to 4, with a view to ensuring to the appropriate extent convergence of supervisory reporting.

EIOPA, after consulting national authorities and after consumer testing, shall develop draft implementing technical standards regarding the format of supervisory reporting.

EIOPA shall submit those draft implementing technical standards to the Commission by … [within 9 months after the entry into force of the Regulation].

Power is conferred on the Commission to adopt the implementing technical standards referred to in the second subparagraph in accordance with Article 15 of Regulation (EU) No 1094/2010.

CHAPTER VACCUMULATION PHASE

SECTION IINVESTMENT RULES FOR PEPP PROVIDERS

Article 33Investment rules

1.  PEPP providers shall invest in accordance with the "prudent person" rule and in particular in accordance with the following rules:

(a)   the assets corresponding to the PEPP shall be invested in the best long-term interests of PEPP savers as a whole. In the case of a potential conflict of interest, a PEPP provider, or the entity which manages its portfolio, shall ensure that the investment is made in the sole interest of PEPP savers;

(aa)  The assets corresponding to the PEPP shall be invested in a way that mitigates risks related to ESG-factors and take into consideration the potential long-term impact of investment decisions on ESG-factors.

(b)   the assets shall be invested in such a manner as to ensure the security, quality, liquidity and profitability of the portfolio as a whole;

(c)   the assets shall be predominantly invested on regulated markets. Investment in assets which are not admitted to trading on a regulated financial market must in any event be kept to prudent levels;

(d)   investment in derivative instruments shall be possible insofar as such instruments contribute to a reduction in investment risks or facilitate efficient portfolio management. Those instruments shall be valued on a prudent basis, taking into account the underlying asset, and included in the valuation of a PEPP provider's assets. PEPP providers shall also avoid excessive risk exposure to a single counterparty and to other derivative operations;

(e)  the assets shall be properly diversified in such a way as to avoid excessive reliance on any particular asset, issuer or group of undertakings and accumulations of risk in the portfolio as a whole. Investments in assets issued by the same issuer or by issuers belonging to the same group shall not expose a PEPP provider to excessive risk concentration;

(f)  the assets shall not be invested in a high-risk and non-cooperative jurisdiction identified by the Council conclusions of 5 December 2017 on the EU list of non-cooperative jurisdictions for tax purposes or in high-risk and non-cooperative jurisdictions identified by the Financial Action Task Force and in the Commission Delegated Regulation (EU) 2016/1675;

(g)  the PEPP provider shall not expose himself to risks stemming from excessive leverage and excessive maturity transformation.

2.  The rules set out in points (a) to (g) of paragraph 1 apply only to the extent that there is no more stringent provision in the relevant sectorial legislation applicable to the PEPP provider.

SECTION IIINVESTMENT RULES FOR PEPP SAVERS

Article 34General provisions

1.  PEPP providers and PEPP distributors shall offer a Basic PEPP and may offer alternative investment options.

3.  All investment options shall be designed by PEPP providers on the basis of proven risk-mitigation techniques which shall ensure sufficient protection for PEPP savers.

Article 35Choice of investment option by the PEPP saver

The PEPP saver shall opt for an investment option after receiving the relevant information, advice and decision support tool, upon conclusion of the PEPP contract.

Article 36Conditions for modification of the chosen investment option

1.  The terms for modification of the investment option shall be listed in the PEPP contract.

Article 37

The Basic PEPP

1.  The Basic PEPP shall be a safe and cost-effective product that can be easily acquired, including through digital channels in each Member State. It represents the default investment options.

1a.  The risk mitigation technique applied to the basic PEPP shall be consistent with the objective to allow the PEPP saver to recoup the capital.

2.  The overall costs and fees for the Basic PEPP shall not exceed 1% of the accumulated capital per annum.

Article 39Delegated act on the investment options

1.  The use of risk-mitigation techniques shall ensure that the investment strategy for the PEPP is designed so as to build up a stable and adequate individual future retirement income from the PEPP and to ensure a fair treatment of all generations of PEPP savers. The applicable risk-mitigation techniques shall include provisions (a) or (b), or a combination thereof, and may be complemented by provisions set out in (c):

(a)  provisions for gradually adapting the investment allocation to mitigate the financial risks of investments for cohorts corresponding to the remaining duration (life-cycling);

(b)  provisions establishing reserves from contributions or investment returns, which shall be allocated to PEPP savers in a fair and transparent manner, to mitigate investment losses (capital guarantee);

(c)  provisions for using appropriate financial guarantees to protect against investment losses.

2.  If a PEPP under Article 37 of this Directive is offered without the provision of point (a) or based on a combination of the provisions under paragraph 1 of this Article, the PEPP provider or distributor should clearly explain the existence of a PEPP based solely on capital guarantees, the reasons for recommending a PEPP based on the provisions of points (b) and (c) or a combination of the above provisions and clearly demonstrate any additional risks that such PEPPs might entail in comparison to a capital guarantee based PEPP, in written format.

3.  In order to establish criteria for effective risk-mitigation techniques that can be applied in a consistent manner, EIOPA shall develop draft regulatory technical standards specifying the details of the provisions for the risk-mitigation techniques. EIOPA shall submit those draft regulatory technical standards to the Commission by … [xxx after the date of entry into force of this Regulation]. Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Article 10-14 of Regulation (EU) No 1094/2010.

SECTION IIIOTHER ASPECTS OF THE ACCUMULATION PHASE

Article 40Conditions related to the accumulation phase

Unless specified in this Regulation, the ▐conditions related to the accumulation phase shall be determined by Member States, and shall be no less favourable than applicable national rules.

CHAPTER VIINVESTOR PROTECTION

Article 41Depositary

1.  Where the PEPP provider is an institution for occupational retirement provision or an investment firm as referred to in Article 5(1), it may appoint one or more depositaries for the safe-keeping of assets and oversight duties.

2.  For the appointment of the depository and the execution of its tasks Article 33(5), (6) and (7) of Directive 2016/2341/EU shall be applied accordingly.

3.  For the safekeeping of assets and the liability of the depositary Article 34(1) and (2) of Directive 2016/2341/EU shall be applied accordingly. The depository shall be liable to the PEPP provider and the PEPP savers for any loss suffered by them as a result of its unjustifiable failure to perform its obligations or its improper performance of them. The depositor's liability shall not be affected by the fact that it has entrusted to a third party all or some of the assets in its safe-keeping.

4.  For the oversight duties of a depositary Article 35(1) of Directive 2016/2341/EU shall be applied accordingly.

Article 42

Coverage of biometric risks

Without prejudice to Article 5, PEPP providers may offer PEPPs with a supplementary option ensuring the coverage of the risk of biometric risks. ▌

Article 43Complaints

1.  PEPP providers and distributors shall put in place and apply adequate and effective complaint resolution procedures for the settlement of complaints lodged by PEPP customers concerning their rights and obligations under this Regulation.

2.  Those procedures shall be applied in every Member State where the PEPP provider or distributor offers its services and shall be available in an official language of the relevant Member State as chosen by the PEPP customer, or in another language if agreed between the PEPP provider or distributor and the PEPP customer.

3.  PEPP providers and distributors shall make every possible effort to reply, on paper or, if agreed between the PEPP provider or distributor and the PEPP customer, on another durable medium, to the PEPP customers’ complaints. The reply shall address all points raised, within an adequate timeframe and at the latest within 15 business days of receipt of the complaint. In exceptional situations, if the answer cannot be given within 15 business days for reasons beyond the control of the PEPP provider or distributor, it shall be required to send a holding reply, clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the PEPP customer will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed 35 business days.

4.  PEPP providers and distributors shall inform the PEPP customer about at least one alternative dispute resolution (ADR) entity which is competent to deal with disputes concerning PEPP customers' rights and obligations under this Regulation.

5.  The information referred to in paragraph 3 shall be mentioned in a clear, comprehensive and easily accessible way on the website of the PEPP provider or distributor, at the branch, and in the general terms and conditions of the contract between the PEPP provider or distributor and the PEPP customer. It shall specify how further information on the ADR entity concerned and on the conditions for using it can be accessed.

6.  The competent authorities shall set up procedures which allow PEPP customers and other interested parties, including consumer associations, to submit complaints to the competent authorities with regard to PEPP providers' and distributors' alleged infringements of this Regulation. In all cases, complainants shall receive replies.

6a.   The competent authority of the main establishment or the single establishment of the provider or the distributor shall be competent to act as lead competent authority for cross-border provision of PEPPs.

6b.   In cases that concern more than one Member State, the complainant may choose to lodge his or her complaint through the competent authority of his or her own Member State, regardless of where the infringement occurred. To this end, and notwithstanding paragraph 6a, each competent authority shall be competent to handle a complaint lodged with it or a possible infringement of this Regulation, if the subject matter relates to an establishment in its Member State, or if it substantially affects PEPP savers in its Member State. In such cases, the competent authority shall inform the lead competent authority without delay of that matter.

6c.   In case there is no agreement between the competent authorities concerned, the dispute resolution procedure foreseen in Article 56 shall apply.

CHAPTER VIISWITCHING OF PEPP PROVIDERS

Article 45Provision of the switching service

1.  PEPP providers shall provide a switching service transferring, upon a request of the PEPP saver, any positive balance from a PEPP account held with the transferring provider to a new PEPP account opened with the receiving provider, with closing the former PEPP account.

The switching service may be provided by PEPP providers established in the same Member State (domestic switching) or in different Member States (cross-border switching).

In the case of domestic switching, PEPP providers are required to inform national competent authorities of any switching service they provide to PEPP savers. National competent authorities shall monitor the compliance of PEPP providers with this Chapter on a regular basis.

In the case of cross-border switching, PEPP providers are required to inform EIOPA of any switching service they provide to PEPP savers. EIOPA shall monitor the compliance of PEPP providers with this Chapter on a regular basis.

2.  The terms for switching PEPP providers shall be listed in the PEPP contract. In any case the PEPP saver has the right to switch at the moment of retirement.

Article 46

The switching service

1.  At the request of the PEPP saver, the switching service shall be initiated by the receiving PEPP provider. ▌

2.  The receiving PEPP provider shall initiate the switching service upon receipt of the request from the PEPP saver.

The request shall be drawn up in an official language of the Member State where the switching service is being initiated or in any other language agreed between the parties.

The request shall allow the PEPP saver to provide specific consent to the performance by the transferring PEPP provider of each of the tasks referred to in paragraph 3 and to provide specific consent to the performance by the receiving PEPP provider of each of the tasks referred to in paragraph 5.

The request shall allow the PEPP saver to specifically identify asset portfolios and/or amounts that are to be switched. The request shall also allow PEPP savers to specify the date from which payments are to be executed to the PEPP account opened with the receiving PEPP provider. That date shall be at least six working days after the date on which the receiving PEPP provider receives the documents transferred from the transferring PEPP provider pursuant to paragraph 4. Member States may require the request from the PEPP saver to be in writing and that a copy of the request be provided to the PEPP saver.

3.  Within five working days from receipt of the request referred to in paragraph 2, the receiving PEPP provider shall request the transferring PEPP provider to carry out the following tasks, if provided for in the PEPP saver’s request:

(a)   transmit to the receiving PEPP provider and, if specifically requested by the PEPP saver in the request, to the PEPP saver, a list of the existing assets that are being switched;

(b)   transfer any remaining positive balance to the PEPP account opened or held with the receiving PEPP provider on the date specified by the PEPP saver; and

(c)   close the PEPP account held with the transferring PEPP provider on the date specified by the PEPP saver.

4.  Upon receipt of a request from the receiving PEPP provider, the transferring PEPP provider shall carry out the following tasks, if provided for in the PEPP saver’s authorisation:

(a)   send the receiving PEPP provider the information referred to in point (a) of paragraph 3 within five working days;

(b)   where the transferring PEPP provider does not provide a system for automated redirection of the incoming payments to the PEPP account opened by the PEPP saver with the receiving PEPP provider, stop accepting incoming payments on the PEPP account with effect from the date specified in the request. Member States may require the transferring PEPP provider to inform the PEPP saver of the reason for not accepting the incoming payments;

(c)   transfer the remaining positive balance from the PEPP account to the new PEPP account opened with the receiving PEPP provider on the date specified in the request;

(d)   close the PEPP account on the date specified in the request if the PEPP saver has no outstanding obligations on that PEPP account and provided that the actions listed in points (a), (b) and (c) of this paragraph have been completed. The PEPP provider shall immediately inform the PEPP saver where such outstanding obligations prevent the PEPP saver’s account from being closed.

5.  Within five working days of receipt of the information requested from the transferring PEPP provider as referred to in paragraph 3, the receiving PEPP provider shall, as and if provided for in the request and to the extent that the information provided by the transferring PEPP provider or the PEPP saver enables the receiving PEPP provider to do so, carry out the following tasks:

(a)   make any necessary preparations to accept incoming payments and accept them with effect from the date specified in the request;

(b)   inform payers specified in the authorisation of the details of the PEPP saver’s PEPP account with the receiving PEPP provider and transmit to the payers a copy of the PEPP saver’s request.

If the receiving PEPP provider does not have all the information it needs to inform the payers as referred to in point (b) of the first subparagraph, it shall ask the PEPP saver or the transferring PEPP provider to provide the missing information.

Where the PEPP savers chooses to personally provide the information referred to in point (b) of the first subparagraph to the payers rather than provide specific consent in accordance with paragraph 2 to the receiving PEPP provider to do so, the receiving PEPP provider shall provide the PEPP saver with standard letters providing details of the PEPP account and the starting date specified in the request within the deadline referred to in the first subparagraph.

Article 47Facilitation of domestic and cross-border switching for PEPP savers

1.  Where a PEPP saver indicates to his or her PEPP provider that he or she wishes to open a PEPP account with a PEPP provider located in the same or another Member State, the PEPP provider with which the PEPP saver holds a PEPP account shall on receipt of such request provide the following assistance to the PEPP saver:

(a)   provide the PEPP saver free of charge with available information about recurring incoming payments to the PEPP saver’s PEPP account in the previous 13 months;

(b)   transfer the positive balance remaining on the PEPP account held by the PEPP saver to the PEPP account opened by the PEPP saver with the receiving PEPP provider, provided that the request includes full details allowing the receiving PEPP provider and the PEPP saver’s PEPP account to be identified;

(c)   close the PEPP account held by the PEPP saver.

2.  If the PEPP saver has no outstanding obligations on the PEPP account, the PEPP provider with which the PEPP saver holds that PEPP account shall provide assistance referred to in points (a), (b) and (c) of paragraph 1 of this Article on the date specified by the PEPP saver, which shall be at least six business days after that PEPP provider receives the PEPP saver’s request unless otherwise agreed between the parties. The PEPP provider shall immediately inform the PEPP saver where outstanding obligations prevent his or her PEPP account from being closed.

Article 48Fees and charges connected with the switching service

1.  PEPP savers shall be able to access free of charge their personal information held either by the transferring or by the receiving PEPP provider.

2.  The transferring PEPP provider shall provide the information requested by the receiving PEPP provider pursuant to point (a) of Article 46(4) without charging the PEPP saver or the receiving PEPP provider.

3.  The total fees and charges applied by the transferring PEPP provider to the PEPP saver for the closure of the PEPP account held with it shall be limited to no more than 0,5% of the positive balance to be transferred to the receiving PEPP provider.

4.  ▌ The receiving PEPP provider may only charge the actual costs of the switching service.

Article 49Protection of PEPP savers against financial loss

1.  Any financial loss, including fees, charges and interest, incurred by the PEPP saver and resulting directly from the non-compliance of a PEPP provider involved in the switching process with its obligations under Article 46 shall be refunded by that PEPP provider without delay.

2.  Liability under paragraph 1 shall not apply in cases of abnormal and unforeseeable circumstances beyond the control of the PEPP provider pleading for the application of those circumstances, the consequences of which would have been unavoidable despite all efforts to the contrary, or where a PEPP provider is bound by other legal obligations covered by Union or national legislative acts.

3.  Liability under paragraph 1 shall be established in accordance with the legal requirements applicable at national level.

4.  The PEPP saver shall bear the costs and any risk of financial loss connected with the redemption in kind of the assets held in the PEPP account for the sake of their transfer from the transferring PEPP provider to the receiving PEPP provider.

5.  The PEPP saver shall bear the costs and any risk of financial loss connected with the capital protection provided by the transferring PEPP provider. This capital protection, allowing the PEPP saver to recoup the capital invested and providing an inflation indexation mechanism, shall be consumed at the moment of switching providers.

5a.  Member States shall ensure that cross-border complaints and redress mechanisms are set up, allowing for individual as well as collective compensatory redress across borders.

Article 50Information about the switching service

1.  PEPP providers shall give to PEPP savers the following information about the switching service:

(a)   the roles of the transferring and receiving PEPP provider for each step of the switching process, as indicated in Article 46;

(b)   the time-frame for completion of the respective steps;

(c)   the fees and charges charged for the switching process;

(d)   any information that the PEPP saver will be asked to provide.

PEPP providers shall also give other information, including, where applicable, the information necessary for the identification of the deposit guarantee scheme, investor-compensation scheme or pension protection scheme within the Union of which the PEPP provider is a member. A "pension protection scheme" means an arrangement to pay compensation to PEPP savers or PEPP beneficiaries in the event of insolvency of the PEPP provider.

2.  The information referred to in paragraph 1 shall be available in electronic form on the PEPP provider's website at all times, shall be made available free of charge on paper or another durable medium at all PEPP provider's premises accessible to PEPP savers, and shall be provided to PEPP savers on request.

CHAPTER VIIIDECUMULATION PHASE

Article 51Conditions related to the decumulation phase

1.  Unless specified in this Regulation, the ▌ conditions related to the decumulation phase shall be determined by Member States and shall be no less favourable than applicable national rules.

Article 52Forms of out-payments

1.  PEPP providers may make available to PEPP savers one or more of the following forms of out-payments:

(a)   annuities;

(b)   total amount;

(c)   drawdown payments;

(d)   combinations of the above forms.

2.  For the Basic PEPP, in the first year a maximum of 30 % of the total amount shall be permitted. The remaining capital may be drawdown payments, annuities or a combination thereof. In the case of a Basic PEPP with a capital guarantee as the investment option, a minimum of 35 % of the out-payment will be in lifelong annuities.

2a.  Considering the individual PEPP saver’s circumstances and the relative value of the accumulated capital to current annuity values, annuities in the Basic PEPP may be taken out as a total amount or drawdown-payments instead. In order to establish consistent processes and criteria to assess such circumstances and to identify the appropriate relative value of the accumulated capital, EIOPA shall develop draft regulatory technical standards.

EIOPA shall submit those draft regulatory technical standards to the Commission by …

Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Article 10 of Regulation (EU) No 1094/2010.

2b.  PEPP savers shall choose the form of out-payments five years before the beginning of the decumulation phase.

CHAPTER IXSUPERVISION

Article 53Supervision by the competent authorities and monitoring by EIOPA

1.  The competent authority of the PEPP provider shall supervise compliance with this Regulation on an ongoing basis. It shall also be responsible for supervising compliance with the obligations set out in the rules or instruments of incorporation of the PEPP provider, and the adequacy of its arrangements and organisation with the tasks to be fulfilled when providing a PEPP.

2.  EIOPA shall ▌verify that the "PEPP" shall not be used unless ▌authorised under, and in compliance with, this Regulation.

3.  In coordination with the other European Supervisory Authorities, EIOPA shall review the annual plans for supervision of the PEPP providers adopted by the competent authorities.

Article 54Powers of competent authorities

Each Member State shall ensure that the competent authority has all supervisory and investigatory powers that are necessary for the exercise of their functions pursuant to this Regulation.

Article 55Cooperation

and consistency

1.  Each competent authority shall contribute to the consistent application of the Regulation throughout the Union. For that purpose, the competent authorities shall cooperate with each other and with the Commission.

2.  The competent authorities shall cooperate with each other in accordance with Regulation 575/2013/EU of the European Parliament and of the Council(22), Directive 2009/138/EC, Directive 2016/2341/EU, Directive 2014/65/EU, Directive 2009/65/EC and Directive 2011/61/EU.

3.  The competent authorities and EIOPA shall cooperate with each other for the purpose of carrying out their respective duties under this Regulation in accordance with Regulation (EU) No 1094/2010.

4.  The competent authorities and EIOPA shall exchange all information and documentation necessary to carry out their respective duties under this Regulation in accordance with Regulation (EU) No 1094/2010, in particular to identify and remedy infringements of this Regulation.

5.  In order to ensure consistent application of this Article, EIOPA shall develop draft implementing technical standards specifying the details of the mechanism for consistency, cooperation and exchange of information, together with the requirements needed to present the information above in a standardised format allowing for comparison.

EIOPA shall submit those draft implementing technical standards to the Commission by … [within 6 months after the entry into force of the Regulation].

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1094/2010.

Article 56Settlement of disagreements between competent authorities in cross-border situations

1.  Where a competent authority of a PEPP provider or distributor disagrees about the procedure or content of an action or inaction of a competent authority of another Member State regarding the application of this Regulation, EIOPA, at the request of one or more of the competent authorities concerned, may assist the authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4.

In cases involving cross-border situations, and where on the basis of objective criteria disagreement between competent authorities from different Member States can be identified, EIOPA may, on its own initiative or upon request of the European Supervisory Authority (European Banking Authority) or the European Supervisory Authority (European Securities and Markets Authority), assist the competent authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4.

2.  EIOPA shall set a time limit for conciliation between the competent authorities taking into account any relevant time periods, as well as the complexity and urgency of the matter. At that stage EIOPA shall act as a mediator.

If the competent authorities concerned fail to reach an agreement within the conciliation phase referred to in paragraph 2, EIOPA may, in accordance with the procedure set out in the third and fourth subparagraph of Article 44(1) of Regulation (EU) No 1094/2010, take a decision requiring them to take specific action or to refrain from action in order to settle the matter, with binding effects for the competent authorities concerned, in order to ensure compliance with Union law.

3.  Without prejudice to the powers of the Commission under Article 258 TFEU, where a competent authority does not comply with the decision of EIOPA, and thereby fails to ensure that a PEPP provider or PEPP distributor complies with requirements directly applicable to it by virtue of this Regulation, EIOPA may adopt an individual decision addressed to the PEPP provider or PEPP distributor requiring the necessary action to comply with its obligations under Union law, including the cessation of any practice.

4.  Decisions adopted under paragraph 4 shall prevail over any previous decision adopted by the competent authorities on the same matter. Any action by the competent authorities in relation to facts which are subject to a decision pursuant to paragraph 3 or 4 shall be compatible with those decisions.

5.  In the report referred to in Article 50(2) of Regulation (EU) No 1094/2010, the Chairperson of EIOPA shall set out the nature and type of disagreements between competent authorities, the agreements reached and the decisions taken to settle such disagreements.

CHAPTER XSANCTIONS

Article 57Administrative sanctions and remedial measures

1.  Without prejudice to the right for Member States to provide for and impose criminal sanctions, competent authorities may impose administrative sanctions and remedial measures applicable to situations where:

(a)  a financial undertaking as referred to in Article 5(1) has obtained an authorisation of a PEPP through false or misleading statements or any other irregular means in breach of Articles 5 and 6;

(b)  a financial undertaking as referred to in Article 5(1) provides, respectively distributes, products bearing the designation "PEPP" or "pan-European Personal Pension Product" without the required authorisation;

(c)  a PEPP provider has infringed Article 7(3) ▌or has failed to meet the requirements and obligations set out in Chapter IV, Chapter V, Article 43 and Chapter VII;

(d)  a depositary has failed to fulfil its oversight duties under Article 42.

2.  Those sanctions and measures shall be effective, proportionate and dissuasive and shall include, at least the following:

(a)  a public statement, which indicates the identity of the natural or legal person and the nature of the infringement in accordance with Article 59;

(b)  an order requiring the natural or legal person to cease the conduct and to desist from a repetition of that conduct;

(c)  a temporary ban against any member of the financial undertaking's management body or any other natural person, who is held responsible, to exercise management functions in such undertakings;

(d)  maximum administrative fines of at least EUR 5 000 000, or in the Member States whose currency is not the euro, the corresponding value in the national currency on [date of entry into force of this Regulation];

(e)  in the case of a legal person, the maximum administrative fines referred to in point (d) may be of up to 10 % of the total annual turnover according to the last available accounts approved by the management body; where the legal person is a parent undertaking or a subsidiary of the parent undertaking which has to prepare consolidated financial accounts in accordance with Directive 2013/34/EU of the European Parliament and of the Council(23), the relevant total annual turnover shall be the total annual turnover or the corresponding type of income in accordance with the relevant accounting legislative acts according to the last available consolidated accounts approved by the management body of the ultimate parent undertaking;

(f)  maximum administrative fines of at least twice the amount of the benefit derived from the infringement where that benefit can be determined, even if that exceeds the maximum amounts in points (d) and (e).

3.  Where the provisions referred to in the first paragraph apply to legal persons, the competent authorities shall apply the administrative sanctions and remedial measures set out in paragraph 2 to members of the management body, and to other individuals who under national law are responsible for the infringement.

4.  Any decision imposing administrative sanctions or remedial measures set out in paragraph 2 shall be properly reasoned and subject to the right of appeal before a tribunal.

Article 58Exercise of the power to impose administrative sanctions and remedial measures

1.  The competent authorities shall exercise the powers to impose administrative sanctions and remedial measures referred to in Article 57 in accordance with their national legal frameworks:

(a)  directly;

(b)  in collaboration with other authorities;

(c)  by application to the competent judicial authorities.

2.  The competent authorities, when determining the type and level of an administrative sanction or remedial measure imposed under Article 57, shall take into account all relevant circumstances, including, where appropriate:

(a)  the materiality, gravity and the duration of the infringement;

(b)  the degree of responsibility of the natural or legal person responsible for the infringement;

(c)  the financial strength of the responsible natural or legal person, as indicated in particular by the total turnover of the responsible legal person or the annual income and net assets of the responsible natural person;

(d)  the importance of profits gained or losses avoided by the responsible natural or legal person, insofar as they can be determined;

(e)  the losses for third parties caused by the infringement, insofar as they can be determined;

(f)  the level of cooperation of the responsible natural or legal person with the competent authority, without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that person;

(g)  previous infringements by the responsible natural or legal person.

Article 59Publication of administrative sanctions and remedial measures

1.  The competent authorities shall publish without undue delay on their official websites any decision imposing an administrative sanction or remedial measure for infringement of this Regulation after the addressee of the sanction or measure of the sanction or measure has been notified of that decision.

2.  The publication referred to in paragraph 1 shall include information on the type and nature of the infringement and the identity of the persons responsible and the sanctions or measures imposed.

3.  Where the publication of the identity, in case of legal persons, or the identityand the personal data, in the case of natural persons is considered by the competent authority to be disproportionate following a case-by-case assessment, or where the competent authority considers that the publication jeopardises the stability of financial markets or an on-going investigation, competent authorities shall either:

(a)  defer the publication of the decision imposing the administrative sanction or remedial measure until the moment where the reasons for non-publication cease to exist; or

(b)  publish the decision imposing the administrative sanction or remedial measure, omitting for a reasonable period of time the identity and personal data of the addressee, if it is envisaged that within that period the reasons for anonymous publication shall cease to exist and provided that such anonymous publication ensures an effective protection of the personal data concerned; or

(c)  not publish at all the decision to impose the administrative sanction or remedial measure in the event that the options set out in points (a) and (b) are considered to be insufficient to ensure:

(i)  that the stability of financial markets would not be put in jeopardy;

(ii)  the proportionality of the publication of such decisions with regard to measures which are deemed to be of a minor nature.

4.  In the case of a decision to publish a sanction or measure on an anonymous basis as referred to in paragraph 3(b), the publication of the relevant data may be postponed. Where a decision imposing an administrative sanction or remedial measure is subject to an appeal before the relevant judicial authorities, competent authorities shall also immediately add on their official website that information and any subsequent information on the outcome of such appeal. Any judicial decision annulling a decision imposing an administrative sanction or a remedial measure shall also be published.

5.  The competent authorities shall ensure that any publication referred to in paragraphs 1 to 4 shall remain on their official website for at least five years after its publication. Personal data contained in the publication shall only be kept on the official website of the competent authority for the period which is necessary in accordance with the applicable data protection rules.

Article 60Duty to submit information to EIOPA in relation to administrative sanctions and remedial measures

1.  The competent authorities shall inform EIOPA of all administrative sanctions and other measures imposed but not published in accordance with Article 59(1).

2.  The competent authorities shall provide EIOPA annually with aggregated information regarding all administrative sanctions and remedial measures imposed in accordance with Article 57.

EIOPA shall publish that information in an annual report.

3.  Where the competent authority has disclosed an administrative sanction or other measure to the public, it shall at the same time report that fact to EIOPA.

CHAPTER XIFINAL PROVISIONS

Article 61Processing of personal data

With regard to the processing of personal data within the framework of this Regulation, PEPP providers and competent authorities shall carry out their tasks for the purpose of this Regulation in accordance with Regulation (EU) 2016/679, and a Regulation on the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) . With regard to the processing of personal data by EIOPA within the framework of this Regulation, EIOPA shall comply with Regulation (EC) No 45/2001.

Article 62Exercise of the 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 Article 24(3), Article 26(3), Article 28(2), Article 32(7) and Article 39 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

3.  The delegation of powers referred to in Article 24(3), Article 26(3), Article 28(2), Article 32(7) and Article 39 may be revoked at any time by the European Parliament or by the Council. A decision to revoke 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 Article 24(3), Article 26(3), Article 28(2), Article 32(7) and Article 39 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 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 the Council.

Article 63Evaluation and report

1.  Every five years after the entry into force of this Regulation, the Commission shall carry out an evaluation of this Regulation and, and after consulting EIOPA, present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee.

2.  ▌The Report shall cover all issues concerning the functioning of the Regulation, in particular the following:

(a)  portability;

(b)  development of the compartments and partnerships;

(c)  the switching mechanism;

(d)  the uptake of the basic PEPP;

(e)  the complaints procedure;

(f)  the application throughout the Union;

(g)  the integration of ESG factors in the PEPP investment policy;

(h)  the 1 % cap as referred in Article 37(2).

3.  The Commission shall set up a panel with relevant stakeholders to continuously monitor the development and implementation of the PEPP. That panel shall include at least EIOPA, the national supervisors, industry and consumer representatives and independent experts.

The secretariat of the panel shall be EIOPA.

Article 64Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall apply 12 months after the publication in the Official Journal of the European Union of the delegated acts envisaged by the Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,  

For the European Parliament  For the Council

The President  The President

(1)

Not yet published in the Official Journal.

(2)

* Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌.

(3)

  OJ C , , p. .

(4)

  Action Plan on Building a Capital Markets Union, European Commission, 30 September 2015 (COM(2015) 468 final).

(5)

  European Parliament, Resolution of 19 January 2016 on stocktaking and challenges of the EU Financial Services Regulation: impact and the way forward towards a more efficient and effective EU framework for Financial Regulation and a Capital Markets Union, 2015/2106(INI), point 20.

(6)

  European Council Conclusions of 28 June 2016, EUCO 26/16, point 11.

(7)

  COM(2016) 601 final, p. 4.

(8)

  COM(2017) 292 final, p. 6.

(9)

  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

(10)

  Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).

(11)

  Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).

(12)

  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "Reinforcing sanctioning regimes in the financial services sector", 8 December 2010, COM(2010) 716 final.

(13)

  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(14)

  Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

(15)

  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

(16)

  Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

(17)

  Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).

(18)

  Directive 2016/2341/EU of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) (recast) (OJ L 354, 23.12.2016, p. 37).

(19)

  Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (recast) (OJ L 302, 17.11.2009, p. 32).

(20)

(21)

  Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19).

(22)

  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

(23)

  Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).


OPINION of the Committee on Employment and Social Affairs (29.6.2018)

for the Committee on Economic and Monetary Affairs

on the proposal for a regulation of the European Parliament and of the Council on pan-European Personal Pension Product (PEPP)

(COM(2017)0343 – C8-0219/2017 – 2017/0143(COD))

Rapporteur for opinion: Heinz K. Becker

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on Economic and Monetary Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  EU households are amongst the highest savers in the world, but the bulk of these savings are held in bank accounts with short maturities. More investment into capital markets can help meet the challenges posed by population ageing and low interest rates.

(1)  EU households are amongst the highest savers in the world, but the bulk of these savings are held in bank accounts with short maturities and low returns. Nonetheless, household saving rates differ significantly among EU countries and persistent differences among EU member states may have an impact on investment and growth as household saving is an important financing source for private and public investment. More investment into capital markets can help meet the challenges posed by population ageing, low interest rates and low levels of investment in the long-term.

Amendment    2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a)  To ensure decent living standards for current and future pensioners, Member States should give priority to further developing, strengthening and reforming the first (public) and second (occupational) pillars of national pension systems. These two pillars remain paramount for old-age income and the sustainability of national schemes. PEPPs should not replace or undermine first and second pillar schemes. To consolidate the financial resources necessary for these pillars, Member states also need to tackle unemployment as well as undeclared and uninsured work. However, in light of the impending reduction of the working population from a ratio of 1:4 to 1:2 a multi-pillar pension approach is crucial. A voluntary, long-term pan-European Personal Pension Product will act as a complement to and strengthen existing pension savings, boosting their adequacy as well as increasing coverage for categories of people previously faced with a lack, or partial lack, of adequate coverage such as women, young people the self-employed and persons in atypical or new forms of employment.

Amendment    3

Proposal for a regulation

Recital 1 b (new)

Text proposed by the Commission

Amendment

 

(1b)  In 2015, 11,3 million EU28 citizens of working age (20 to 64 years old) were residing in a Member State other than the Member State of their citizen and 1,3 million EU28 citizens were working in a Member State other than their Member State of residence.

Amendment    4

Proposal for a regulation

Recital 1 c (new)

Text proposed by the Commission

Amendment

 

(1c)  Old age pensions constitute an essential part of a retiree's income, to ensure a decent standard of living and to combat old age poverty. It is a precondition for exercising fundamental rights laid down in the Charter of Fundamental Rights of the European Union, including in Article 25 on the rights of the elderly which states: "The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life" as well as the rights enshrined in the Recommendation of the Committee of Ministers to Member States on the promotion of human rights of older persons of the Council of Europe1a.

 

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1a Recommendation CM/Rec(2014)2 of the Committee of Ministers to member States on the promotion of human rights of older persons

Amendment    5

Proposal for a regulation

Recital 1 d (new)

Text proposed by the Commission

Amendment

 

(1d)  The PEPP is to provide an additional voluntary choice for retirement savings for citizens of the Union and will reinforce the portability of citizen’s entitlements. It will also complement the national pension systems and Directive 2014/50/EU.

Amendment    6

Proposal for a regulation

Recital 1 e (new)

Text proposed by the Commission

Amendment

 

(1e)  The aging of society and falling birth rates are significant demographic challenges for the Union, which threatens both pension adequacy and sustainability as well as intergenerational solidarity. In addition, digitalisation and labour market changes are likely to further exacerbate the problem and put increasing pressure on first and second pillar pensions.

Amendment    7

Proposal for a regulation

Recital 1 f (new)

Text proposed by the Commission

Amendment

 

(1f)  The gender pension gap also caused by irregular contributions to pension schemes due to interruptions of work or contributions because of motherhood or childcare persists in the Union. The pension of a retired woman between the ages of 65 and 79 in the Union is on average almost 40 % lower than that of her male counterpart. The PEPP can provide them an extra option to accrue an adequate pension.

Amendment    8

Proposal for a regulation

Recital 1 g (new)

Text proposed by the Commission

Amendment

 

(1g)  According to EIOPA, only 67 million people, or 27% of the total EU population between 25-59 years old, are currently voluntarily subscribed to financial products with along-term pension objective and that this is concentrated in only a few Member States.

Amendment    9

Proposal for a regulation

Recital 1 h (new)

Text proposed by the Commission

Amendment

 

(1h)  The PEPP should be primarily a long-term support instrument for the purpose of securing a good standard of living after retirement, especially for young citizens of the Union. The PEPP can effectively improve the ability to cover the costs needed to maintain individual standard of living after retirement.

Amendment    10

Proposal for a regulation

Recital 1 i (new)

Text proposed by the Commission

Amendment

 

(1i)  The Union is facing growing demographic challenge, which will eventually lead to the current old age dependency ratio of 1:4 decreasing to 1:2 by 2060. For every citizen aged 65 or over, there are 4 people aged between 15 and 64 and by 2060 there will be 2 people in that age bracket for every citizen over 65 year old.

Amendment    11

Proposal for a regulation

Recital 1 j (new)

Text proposed by the Commission

Amendment

 

(1j)  Portability of the PEPP will increase its attractiveness as a product particularly to young people and help to further facilitate citizens’ right to live and work across the Union.

Amendment    12

Proposal for a regulation

Recital 1 k (new)

Text proposed by the Commission

Amendment

 

(1k)  PEPP as a European framework for personal pensions is specifically needed and useful for those who do not qualify for an adequate pension or would like to have a complementary saving plan next to the national schemes.

Amendment    13

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3)  Currently, the functioning of the internal market for personal pensions is impeded by the high degree of fragmentation between national markets and the limited degree of portability of personal pension products. This can result in difficulties for individuals to make use of their basic freedoms. For instance, they may be prevented from taking up a job or retiring in another Member State. In addition, the possibility for providers to use the freedom of establishment and the freedom to provide services is hampered by the lack of standardisation of existing personal pension products.

(3)  Currently, the functioning of the internal market for personal pensions is impeded by the high degree of fragmentation between national markets and the limited degree of portability of personal pension products. This can result in difficulties for individuals to make use of their basic freedoms. For instance, they may be prevented from searching for or taking up a job in or retiring to another Member State. In addition, the possibility for providers to use the freedom of establishment and the freedom to provide services is hampered by the lack of standardisation of existing personal pension products.

Amendment    14

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4 a)  Due to the contribution a PEPP is expected to play in the building of the CMU and in the channelling of capitals towards real economy and long term sustainable projects, savers need to be involved in the process which makes them aware of their financial and non-financial interests and on the mutual relationship between the performance of the product and the environmental, social and governance factors. The effectiveness of this process is related to a high level of transparency and disclosure as well as to a proper engagement of savers.

Amendment    15

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9 a)  People on lower incomes and those who have spent less time on the labour market have less financial room for investing in personal pension products, which leads to an increase in income inequality in old age. This is in particular the case for women in general as a result of the gender pay gap that affects them throughout their professional careers, and since they spend more time outside the labour market to take up caring responsibilities, without any or only a very low income.

Amendment    16

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10)  Among personal pension products, the development of a PEPP will contribute to increasing choices for retirement saving and establish an EU market for PEPP providers. It will provide households with better options to meet their retirement goals.

(10)  Among personal pension products, the development of a PEPP will contribute to increasing choices for retirement saving and establish an EU market for PEPP providers. It should provide households with well regulated, safe, socially responsible and sustainable better options to meet their retirement goals, taking due account of their needs and preferences.

Amendment    17

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10a)  This PEPP Regulation erects no barriers for Member States to continue to organise funded old-age pension schemes on a collective basis.

Amendment    18

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)  A legislative framework for a PEPP will lay the foundations for a successful market in affordable and voluntary retirement-related investments that can be managed on a pan-European scale. By complementing the existing pension products and schemes, it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings, addressing the demographical challenge and providing a powerful new source of private capital for long-term investment. This framework will not replace or harmonise existing national personal pension schemes.

(11)  A legislative framework for a PEPP will lay the foundations for a successful market in affordable and voluntary retirement-related investments that can be managed on a pan-European scale. The PEPP will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings, and assist in addressing the demographical challenge and existing pension gaps, by providing a powerful new source of private capital for long-term and sustainable investment, including social investment. This framework will not replace or harmonise existing national personal products or occupational pension schemes.

Amendment    19

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14)  PEPP providers should have access to the whole Union market with one single product authorisation issued by the European Insurance and Occupational Pensions Authority ("EIOPA"), on the basis of a single set of rules.

(14)  PEPP providers should have access to the whole Union market with one single product authorisation issued by the European Insurance and Occupational Pensions Authority ("EIOPA"), on the basis of a single set of rules and in cooperation with national competent authorities.

Amendment    20

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14 a)  Theway in which institutions for occupational retirement provision (IORPs) are organised and regulated varies significantly between Member States. In some Member States these institutions are only allowed to carry out occupational pension activities whereas in other Member States they are allowed to carry out occupational and personal pension activities. This has not only lead to different organisational structures of IORPs but is also accompanied by different supervision on national level. In particular, prudential supervision of IORPs which carry out occupational and personal pension activities is broader than of those IORPs which only carry out occupational pension activities. In order not to jeopardise financial stability and to take into account the different organisational structure and supervision, only those IORPs should be allowed to provide PEPPs which, pursuant to national law, are authorised and adequately supervised to provide personal pension products. Moreover and to further safeguard financial stability, all assets and liabilities corresponding to PEPP provision business should be ring-fenced, managed and organised separately from the other activities of occupational retirement provision business, without any possibility of transfer.

Amendment    21

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission

Amendment

 

(15 a)  The applicable tax regime for the PEPP should be defined by the legislation in each member state where a PEPP saver has contributed. In consequences, The PEPP Product will be taxed in each member state where the PEPP saver has contributed proportionally at the level of contribution in each member state respectively

Amendment    22

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

 

(20 a)  Lifelong pensions and additional financial security to cover risks such as disability, death or long-term care are essential features of a comprehensive retirement provision product. Pension products should provide the customer a long-term, secure and stable additional income after retirement.

Amendment    23

Proposal for a regulation

Recital 20 b (new)

Text proposed by the Commission

Amendment

 

(20 b)  Contribution plans should be accompanied by prognoses focusing on the value of the funds, return on investment, estimated inflation and economic growth.

Amendment    24

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21)  In order to allow a smooth transition for PEPP providers, the obligation of providing PEPPs comprising compartments for each Member State will apply three years after the entry into force of this Regulation. However, upon launching a PEPP, the provider should provide information on which national compartments are immediately available, in order to avoid a possible misleading of consumers.

(21)  Upon launching a PEPP, the provider should provide information on which national compartments are immediately available in the contract. When a PEPP saver changes her or his domicile to another Member state where the PEPP provider does not offer a compartment which is readily available, switching provider shall be free of charge for all customers. PEPP beneficiaries should be able to receive PEPP pay-outs irrespective of the Member State in which they reside.

Amendment    25

Proposal for a regulation

Recital 21 a (new)

Text proposed by the Commission

Amendment

 

(21 a)  In order to facilitate provisions to open national compartments in all Member States, PEPP providers should be able to enter partnerships with other PEPP providers.

Amendment    26

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22)  Taking into account the nature of the pension scheme established and the administrative burden involved, PEPP providers and distributors should provide clear and adequate information to potential PEPP savers and PEPP beneficiaries to support their decision-making about their retirement. For the same reason, PEPP providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre-enrolment, membership (including pre-retirement) and post-retirement. In particular, information concerning accrued pension entitlements, projected levels of retirement benefits, risks and guarantees, and costs should be given. Where projected levels of retirement benefits are based on economic scenarios, that information should also include an unfavourable scenario, which should be extreme but plausible.

(22)  Taking into account the nature of the pension scheme established and the administrative burden involved, PEPP providers and distributors should provide clear and adequate information to potential PEPP savers and PEPP beneficiaries to support their decision-making about their retirement. For the same reason, PEPP providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre-enrolment, membership (including pre-retirement) and post-retirement. In particular, information concerning accrued pension entitlements, projected levels of retirement benefits, risks and guarantees, costs and the integration of environmental, social and governance factors should be given. Projected levels of retirement benefits shall be based, inter alia, on economic scenarios, including an unfavourable scenario.

Amendment    27

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23)  Before joining a PEPP scheme, potential PEPP savers should be given all the necessary information to make an informed choice.

(23)  Before joining a PEPP scheme, potential PEPP savers should be given all the necessary information to make an informed choice through the provision of advice assessing their saving demands and needs.

Justification

The advice can be a meaningful tool in order to make consumers aware of their choices.

Amendment    28

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24)  In order to ensure optimal product transparency, PEPP manufacturers should draw up the PEPP key information document for the PEPPs that they manufacture before the product can be distributed to PEPP savers. They should also be responsible for the accuracy of the PEPP key information document. The PEPP key information document should replace and adapt the key information document for packaged retail and insurance-based investment products under Regulation (EU) No 1286/2014 of the European Parliament and of the Council33 which would not have to be provided for PEPPs.

(24)  In order to ensure optimal product transparency, PEPP providers should draw up the PEPP key information document for the PEPPs that they manufacture before the product can be distributed to PEPP savers. They should also be responsible for the accuracy of the PEPP key information document. The PEPP key information document should replace and adapt the key information document for packaged retail and insurance-based investment products under Regulation (EU) No 1286/2014 of the European Parliament and of the Council33 which would not have to be provided for PEPPs.

__________________

__________________

33 Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs), OJ L 352, 9.12.2014, p. 1.

33 Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs), OJ L 352, 9.12.2014, p. 1.

Amendment    29

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26)   Pension product calculators are already being developed at national level. However, in order for the calculators to be as useful as possible to consumers, they should cover the costs and fees charged by the various PEPP manufacturers, together with any further costs or fees charged by intermediaries or other parts of the investment chain not already included by the PEPP manufacturers.

(26)  Pension product calculators are already being developed at national level. However, in order for the calculators to be as useful as possible to consumers, they should cover the costs and fees charged by the various PEPP providers, together with any further costs or fees charged by intermediaries or other parts of the investment chain not already included by the PEPP providers.

Amendment    30

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission

Amendment

 

(26a)  Investors should be given the possibility - by means of a specific appliance - of calculating provision levels during the decumulation period.

Amendment    31

Proposal for a regulation

Recital 28 a (new)

Text proposed by the Commission

Amendment

 

(28a)  Marketing communication should exploit the opportunities offered by digitization and present the characteristics of the PEPP in a simple and easy to understand and user-friendly way, in full compliance with Article 9 of Regulation 1286/2014 (PRIIPs Regulation).

Amendment    32

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29)  PEPP providers should draw up a Pension Benefit Statement addressed to PEPP savers, in order to present them with key personal and generic data about the PEPP scheme and to ensure continuous information on it. The Pension Benefit Statement should be clear and comprehensive and should contain relevant and appropriate information to facilitate the understanding of pension entitlements over time and across schemes and serve labour mobility.

(29)  PEPP providers should draw up a Pension Benefit Statement addressed to PEPP savers, in order to present them with key personal and generic data about the PEPP scheme and to ensure continuous information on it. The Pension Benefit Statement should also be addressed to PEPP beneficiaries if agreed upon by the PEPP saver. The Pension Benefit Statement should be clear, updated, simple and comprehensive and should contain relevant and appropriate information to facilitate the understanding of supplementary pension entitlements over time and across schemes and serve labour mobility.

Amendment    33

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32)  In order to protect adequately the rights of PEPP savers and PEPP beneficiaries, PEPP providers should be able to opt for an asset allocation that suits the precise nature and duration of their liabilities. Therefore, efficient supervision is required as well as an approach to investment rules that allows PEPP providers sufficient flexibility to decide on the most secure and efficient investment policy, while obliging them to act prudently. Compliance with the prudent person rule therefore requires an investment policy geared to the customers' structure of the individual PEPP provider.

(32)  In order to protect adequately the rights of PEPP savers and PEPP beneficiaries, PEPP providers should be able to opt for an asset allocation that suits the precise nature and duration of their liabilities. Therefore, efficient supervision is required as well as an approach to investment rules that allows PEPP providers sufficient flexibility to decide on the most secure and efficient investment policy, while obliging them to act prudently and in alignment with the PEPP saver's needs and preferences. Compliance with the prudent person rule therefore requires an investment policy geared to the customers' structure of the individual PEPP provider.

Amendment    34

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33)  By setting the prudent person rule as the underlying principle for capital investment and making it possible for PEPP providers to operate across borders, the redirection of savings into the sector of personal retirement provision is encouraged, thereby contributing to economic and social progress.

(33)  By setting the prudent person rule as the underlying principle for capital investment and making it possible for PEPP providers to operate across borders, the redirection of savings into the sector of personal retirement provision is encouraged, thereby contributing to economic, social and environmental progress.

Amendment    35

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35)  In the context of deepening the CMU, the understanding of what constitutes instruments with a long-term economic profile is broad. Such instruments are non-transferable securities and therefore do not have access to the liquidity of secondary markets. They often require fixed term commitments which restrict their marketability and should be understood to include participation and debt instruments in, and loans provided to, non-listed undertakings. Non-listed undertakings include infrastructure projects, unlisted companies seeking growth, real estate or other assets that could be suitable for long term investment purposes. Low carbon and climate resilient infrastructure projects are often non-listed assets and rely on long term credits for project financing. Considering the long-term nature of their liabilities, PEPP providers are encouraged to allocate a sufficient part of their asset portfolio to sustainable investments in the real economy with long-term economic benefits, in particular to infrastructure projects and corporates.

(35)  In the context of deepening the CMU, the understanding of what constitutes instruments with a long-term economic profile is broad. Such instruments are non-transferable securities and therefore do not have access to the liquidity of secondary markets. They often require fixed term commitments which restrict their marketability and should be understood to include participation and debt instruments in, and loans provided to, non-listed undertakings. Non-listed undertakings include infrastructure projects, unlisted companies seeking growth, real estate or other assets that could be suitable for long term investment purposes. Low carbon and climate resilient infrastructure projects are often non-listed assets and rely on long term credits for project financing. Considering the long-term nature of their liabilities, PEPP providers are encouraged to allocate a sufficient part of their asset portfolio to sustainable investments in the real economy with long-term economic, environmental and social benefits, in particular to infrastructure projects and corporates.

Amendment    36

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36)  Environmental, social and governance factors, as referred to in the United Nations-supported Principles for Responsible Investment, are important for the investment policy and risk management systems of PEPP providers. PEPP providers should be encouraged to consider such factors in investment decisions and to take into account how they form part of their risk management system.

(36)  Environmental, social and governance factors, as referred to in the United Nations-supported Principles for Responsible Investment are important for the investment policy and risk management systems of PEPP providers. The PEPP provider should therefore take into consideration the potential environmental, social and governance consequences of capital investments. This risk assessment should also be made available to EIOPA and to the competent authorities as well as to PEPP savers. PEPP providers should consider such factors in investment decisions and to take into account how they form part of their risk management system.

Amendment    37

Proposal for a regulation

Recital 36 a (new)

Text proposed by the Commission

Amendment

 

(36 a)  One of the objectives of this regulation is channeling capital towards European long-term investments in the real economy. PEPP providers should integrate environmental, social and governance (ESG) factors in their investment decisions.

Amendment    38

Proposal for a regulation

Recital 36 b (new)

Text proposed by the Commission

Amendment

 

(36 b)  PEPP providers should engage regularly with their clients to ensure their concerns and preferences, including regarding ESG factors, are properly integrated into the investment decisions.

Amendment    39

Proposal for a regulation

Recital 36 c (new)

Text proposed by the Commission

Amendment

 

(36 c)  PEPP providers should adopt an investment exclusion policy in order to ensure that savings are not invested in highly controversial and harmful products such as coal-based energy, nuclear weapons, cluster munition, the production of Tobacco or used to support harmful conducts such as serious human rights and labour rights violations, severe environmental, climate damage, corruption and tax avoidance.

Amendment    40

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37)  In ensuring compliance with their obligation to develop an investment policy in accordance with the prudent person rule, PEPP providers should be prevented to invest in high-risk and non-cooperative jurisdictions identified by the Financial Action Task Force.

(37)  In ensuring compliance with their obligation to develop an investment policy in accordance with the prudent person rule, PEPP providers should be prevented from engaging in aggressive tax avoidance strategies and investing in high-risk and non-cooperative jurisdictions identified by the Financial Action Task Force and the Commission delegated regulation identifying high-risk third countries with strategic deficiencies and jurisdictions on the common EU list of third country jurisdictions for tax purposes.

Amendment    41

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38)  In view of the long-term retirement objective of the PEPP, the investment options granted to the PEPP savers should be framed, covering the elements which allow investors to make an investment decision, including the number of investment options they can choose from. After the initial choice made upon the subscription of a PEPP, the PEPP saver should have the possibility to modify this choice at reasonable intervals (every five years), so that sufficient stability is offered to providers for their long-term investment strategy whilst at the same time investor protection is ensured.

(38)  In view of the long-term retirement objective of the PEPP, the investment options offered to the PEPP savers should be clearly outlined, covering the elements which will allow investors to align with their customer’s preferences and long-term needs, and to make an informed investment decision, including the number of investment options they can choose from. After the initial choice made upon the subscription of a PEPP, the PEPP saver should have the possibility to modify this choice at reasonable intervals (every five years), so that sufficient stability is offered to providers for their long-term investment strategy whilst at the same time investor protection is ensured.

Amendment    42

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39)  The default investment option should allow the PEPP saver to recoup the invested capital. The PEPP providers could in addition include an inflation indexation mechanism to at least partly cover inflation.

(39)  The default investment option, which is offered by every PEPP provider, should ensure capital protection for the PEPP saver by way of a capital guarantee. The PEPP providers should in addition include an inflation indexation mechanism to cover inflation in the best possible way.

Amendment    43

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

(45)  Without prejudice to the right of PEPP customers to bring action in the courts, easily accessible, adequate, independent, impartial, transparent and effective alternative dispute resolution (ADR) procedures should be established between PEPP providers or distributors and PEPP customers for resolving disputes arising from the rights and obligations set out in this Regulation.

(45)  Without prejudice to the right of PEPP customers to bring action in the courts, easily accessible, adequate, independent, impartial, transparent and effective alternative dispute resolution (ADR) procedures should be established between PEPP providers or distributors and PEPP customers and, where relevant, beneficiaries for resolving disputes arising from the rights and obligations set out in this Regulation.

Amendment    44

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

(46)  With a view to establishing an efficient and effective dispute resolution procedure, PEPP providers and distributors should put in place an effective complaints procedure that can be followed by their customers before the dispute is referred to be resolved in an ADR procedure or before a court. The complaints procedure should contain short and clearly defined timeframes within which the PEPP provider or distributor should reply to a complaint. ADR entities should have sufficient capacity to engage in an adequate and efficient way in cross-border cooperation with regard to disputes concerning rights and obligations pursuant to this Regulation.

(46)  With a view to establishing an efficient and effective dispute resolution procedure, PEPP providers and distributors should put in place an effective complaints procedure that can be followed by their customers and PEPP beneficiaries before the dispute is referred to be resolved in an ADR procedure or before a court. The complaints procedure should contain short and clearly defined timeframes within which the PEPP provider or distributor should reply to a complaint. ADR entities should have sufficient capacity to engage in an adequate and efficient way in cross-border cooperation with regard to disputes concerning rights and obligations pursuant to this Regulation.

Amendment    45

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47)  In order to find better conditions for their investments, thus also stimulating the competition among PEPP providers, PEPP savers should have the right to switch providers during the accumulation and the decumulation phases, through a clear, quick and safe procedure.

(47)  In order to find better conditions for their investments, thus also stimulating the competition among PEPP providers, PEPP savers should have the right to switch providers during the accumulation and the decumulation phases, through a clear, quick, safe and transparent procedure.

Amendment    46

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47)  In order to find better conditions for their investments, thus also stimulating the competition among PEPP providers, PEPP savers should have the right to switch providers during the accumulation and the decumulation phases, through a clear, quick and safe procedure.

(47)  In order to find better conditions for their investments, thus also stimulating the competition among PEPP providers, PEPP savers should have the right to switch providers during the accumulation and the decumulation phases, through a clear, quick, low-cost and safe procedure.

Amendment    47

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48)  The switching process should be straightforward for the PEPP saver. Accordingly, the receiving PEPP provider should be responsible for initiating and managing the process on behalf of the PEPP saver. PEPP providers should be able to use additional means, such as a technical solution, on a voluntary basis when establishing the switching service.

(48)  The switching process should be straightforward for the PEPP saver. Accordingly, the receiving PEPP provider should be responsible for initiating and managing the process on behalf of the PEPP saver. PEPP providers should be able to use additional means, such as a technical solution, on a voluntary basis when establishing the switching service. Switching shall be provided free of charge in cases of limited portability, withdrawal of authorisation and upon request of the PEPP saver.

Amendment    48

Proposal for a regulation

Recital 55

Text proposed by the Commission

Amendment

(55)  Full transparency on costs and fees related to the investment in a PEPP should be guaranteed. A level-playing field between providers would be established, whilst ensuring consumer protection. Comparative information would be available between different products, thus incentivising competitive pricing.

(55)  Full transparency on costs and fees related to the investment in a PEPP should be guaranteed. A level-playing field between providers would be established, whilst ensuring consumer protection. Comparative information shall be available between different products, thus incentivising competitive pricing.

Amendment    49

Proposal for a regulation

Recital 56

Text proposed by the Commission

Amendment

(56)  Although the ongoing supervision of PEPP providers is to be exercised by the respective competent national authorities, EIOPA should coordinate the supervision with regards to PEPPs, in order to guarantee the application of a unified supervisory methodology, contributing in this way to the pane-European nature of the pension product.

(56)  Although the ongoing supervision of PEPP providers is to be exercised by the respective competent national authorities, EIOPA should coordinate the supervision with regards to PEPPs, in order to guarantee the consistent application of a unified supervisory methodology, contributing in this way to the pan-European nature of the pension product.

Amendment    50

Proposal for a regulation

Recital 67 a (new)

Text proposed by the Commission

Amendment

 

(67 a)  In the EU, 14,6% of people aged 65 or over is at risk of poverty. Since capital income tends to be concentrated in upper income brackets, tax incentives for private pensions may result in effective tax rates that are negative, and regressive. These foregone tax revenues are better spent enhancing the sustainability and adequacy of first pillar systems. Member States should cap and target tax incentives for private pension products including PEPP at specific groups with limited access to other complementary pension provisions such as low income groups, self-employed workers and people with long gaps in their contribution periods.

Amendment    51

Proposal for a regulation

Recital 68 a (new)

Text proposed by the Commission

Amendment

 

(68 a)  The PEPP is a new, complementary instrument to pension schemes for all citizens of the Union. In national tax systems, the PEPP should benefit from the most favourable tax treatment applicable for the national pension saving products.

Amendment    52

Proposal for a regulation

Recital 69

Text proposed by the Commission

Amendment

(69)  Following the launch of the PEPP, Member States are encouraged to take into consideration Commission Recommendation (EU) 2017/… and to extend the benefits of the tax advantages they grant to national PPPs also to the PEPP.

(69)  Following the launch of the PEPP, Member States are strongly encouraged to take into consideration Commission Recommendation (EU) 2017/… and to extend the benefits of the tax advantages they grant to national PPPs also to the PEPP.

Amendment    53

Proposal for a regulation

Recital 69 a (new)

Text proposed by the Commission

Amendment

 

(69a)  Member States are encouraged to provide an appropriate PEPP framework.

Amendment    54

Proposal for a regulation

Recital 70

Text proposed by the Commission

Amendment

(70)  An evaluation of this Regulation is to be be carried out, inter alia, by assessing market developments, such as the emergence of new types of PEPPs, as well as developments in other areas of Union law and the experiences of Member States.

(70)  An evaluation of this Regulation is to be be carried out, inter alia, by assessing market developments, such as the emergence of new types of PEPPs, as well as developments in other areas of Union law and the experiences of Member States. Such an evaluation has to take account of the different aims and purposes of establishing a well- functioning PEPP-market, and in particular should evaluate whether this Regulation has contributed to the development of multi-pillar pension systems in the Member States and has resulted in more European citizens saving for sustainable and adequate pensions.

Amendment    55

Proposal for a regulation

Recital 71

Text proposed by the Commission

Amendment

(71)  This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of the Fundamental Rights of the European Union, in particular the right to the protection of personal data, the right to property, the freedom to conduct a business, the principle of equality between men and women and the principle of a high level of consumer protection.

(71)  This Regulation should ensure the respect of fundamental rights and observes the principles recognised in particular by the Charter of the Fundamental Rights of the European Union, in particular the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life, the right to the protection of personal data, the right to property, the freedom to conduct a business, the principle of equality between men and women and the principle of a high level of consumer protection.

Amendment    56

Proposal for a regulation

Article 2 – paragraph 1 – point 1 – point a

Text proposed by the Commission

Amendment

(a)  is based on a contract between an individual saver and an entity on a voluntary basis;

(a)  is based on a contract between an individual saver and an entity on a voluntary and complementary basis;

Amendment    57

Proposal for a regulation

Article 2 – paragraph 1 – point 2

Text proposed by the Commission

Amendment

(2)  "pan-European Personal Pension Product (PEPP)" means a long-term savings personal pension product, which is provided under an agreed PEPP scheme by a regulated financial undertaking authorised under Union law to manage collective or individual investments or savings, and subscribed to voluntarily by an individual PEPP saver in view of retirement, with no or strictly limited redeemability;

(2)  "pan-European Personal Pension Product(PEPP)" means a long-term, sustainable and socially responsible savings personal pension product, which is provided under an agreed PEPP scheme by a regulated financial undertaking authorised under Union law to manage collective or individual investments or savings, and subscribed to voluntarily by an individual PEPP saver or by an independent PEPP savers association on behalf of its members in view of retirement, with no or strictly limited redeemability;

Amendment    58

Proposal for a regulation

Article 2 – paragraph 1 – point 3 – point a

Text proposed by the Commission

Amendment

(a)  a retail client as defined in point (11) of Article 4(1) of Directive 2014/65/EU of the European Parliament and of the Council41 ;

(a)  a retail client as defined in point (11) of Article 4(1) of Directive 2014/65/EU of the European Parliament and of the Council41 , which means a client who is not a professional client;

__________________

__________________

41 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173 12.6.2014, p. 349).

41 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173 12.6.2014, p. 349).

Amendment    59

Proposal for a regulation

Article 2 – paragraph 1 – point 3 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  an independent association subscribing PEPP products for its members;

Amendment    60

Proposal for a regulation

Article 2 – paragraph 1 – point 12 a (new)

Text proposed by the Commission

Amendment

 

(12 a)  "lump sum" means the full payment of the accumulated capital at the end of the accumulation phase;

Amendment    61

Proposal for a regulation

Article 2 – paragraph 1 – point 19 a (new)

Text proposed by the Commission

Amendment

 

(19 a)  "home Member State of the PEPP distributor" means the Member State in which the PEPP distributor has its registered office;

Justification

It is important to provide legal certainty regarding which national competent authority will be responsible for the ongoing supervision of the PEPP providers and distributors in cross-border situations, particularly as regards the rules on distribution and information requirements

Amendment    62

Proposal for a regulation

Article 2 – paragraph 1 – point 19 b (new)

Text proposed by the Commission

Amendment

 

(19 b)  "host Member State of the PEPP distributor" means a Member State, other than the home Member State, in which a PEPP distributor distributes PEPPs;

Justification

It is important to provide legal certainty regarding which national competent authority will be responsible for the ongoing supervision of the PEPP providers and distributors in cross-border situations, particularly as regards the rules on distribution and information requirements

Amendment    63

Proposal for a regulation

Article 2 – paragraph 1 – point 21

Text proposed by the Commission

Amendment

(21)  "capital" means aggregate capital contributions and uncalled committed capital, calculated on the basis of amounts investible after deduction of all fees, charges and expenses that are directly or indirectly borne by investors;

(21)  "capital" means aggregate capital contributions and uncalled committed capital, calculated on the basis of amounts investible before deduction of all fees, charges and expenses that are directly or indirectly borne by investors;

Amendment    64

Proposal for a regulation

Article 2 – paragraph 1 – point 24

Text proposed by the Commission

Amendment

(24)  "default investment option" means an investment strategy applied when the PEPP saver has not provided instructions on how to invest the funds accumulating in his PEPP account;

(24)  "default investment option" means an investment strategy where the PEPP saver recoups at least the capital invested and which is either selected by the PEPP saver or applied when the PEPP saver has not provided instructions on how to invest the funds accumulating in his PEPP account;

Amendment    65

Proposal for a regulation

Article 2 – paragraph 1 – point 28 a (new)

Text proposed by the Commission

Amendment

 

(28 a)  “Environmental, social and governance factors (ESG)” comprise the Union’s climate and sustainability objectives as set out in the Paris agreement, Sustainable Development Goals, the United Nations Guiding Principles on Business and Human Rights and the UNPRI definitions in which environmental factors include climate change, greenhouse gas (GHG) emissions, resource depletion (including waterwaste and pollution) and deforestation; social factors include Human Rigths, working conditions (including slavery and child labour), local communities (including indigenous communities), conflict, health and safety, employee relations and diversity; and governance factors include executive pay, bribery and corruption, political lobbying and donations, board diversity and structure, and tax strategy.

Amendment    66

Proposal for a regulation

Article 2 – paragraph 1 – point 28 b (new)

Text proposed by the Commission

Amendment

 

(28b)  "Biometric risks” means risks associated with longevity, disability, long-term care and death.

Amendment    67

Proposal for a regulation

Article 2 – paragraph 1 – point 28 c (new)

Text proposed by the Commission

Amendment

 

(28c)  "compartment partnership" means cooperation between PEPP providers to offer compartments in different Member States in the view of portability service as referred to in Article 12. Liability in these partnerships remains in all cases with the primary provider.

Amendment    68

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1.  A PEPP may only be manufactured and distributed in the Union where it has been authorised by EIOPA in accordance with this Regulation.

1.  A PEPP may only be generated and distributed in the Union where it has been authorised and given approval and certification by the competent supervisory authority EIOPA.

Amendment    69

Proposal for a regulation

Article 5 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d)  information on arrangements regarding portfolio and risk management and administration with regard to the PEPP;

(d)  information on arrangements regarding portfolio and risk management and administration with regard to the PEPP, including the role played by environmental, social and governance factors in the investment process as well as the long term impact and the externalities of the investment decisions;

Justification

As ESG factors are expected to have an impact on long-term investment decisions such those concerning PEPP, it appears appropriate to disclose how they are considered in the provider’s risk management system and to consider them part of the information needed to apply for getting an authorisation to provide this product.

Amendment    70

Proposal for a regulation

Article 5 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e)  information about the investment strategies, the risk profile and other characteristics of the PEPP;

(e)  information about the investment strategies, the risk profile and other characteristics of the PEPP, including the integration of environmental, social and governance factors and in particular how the investment strategy is aligned with the Union’s climate and sustainability objectives as set out in the Paris agreement, Sustainable Development Goals, and the United Nations Guiding Principles on Business and Human Rights;

Amendment    71

Proposal for a regulation

Article 5 – paragraph 2 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea)  information about the investment exclusion policy related to severe environmental damage, serious violations of human rights including labour rights and the production of weapons;

Amendment    72

Proposal for a regulation

Article 5 – paragraph 2 – point f a (new)

Text proposed by the Commission

Amendment

 

(f a)  information on any partnerships between PEPP providers to offer compartments in different Member States;

Amendment    73

Proposal for a regulation

Article 5 – paragraph 2 – point h

Text proposed by the Commission

Amendment

(h)  a description of the information to be made available to PEPP savers, including a description of the arrangements for dealing with complaints submitted by PEPP savers;

(h)  a description of the information to be made available to PEPP savers and beneficiaries, including a description of the arrangements for dealing with complaints submitted by PEPP savers and beneficiaries;

Amendment    74

Proposal for a regulation

Article 6 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  the applicant has adopted and published a credible investment exclusion policy related to severe environmental damage, serious violations of human rights including labour rights, and the production of weapons;

Amendment    75

Proposal for a regulation

Article 6 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(d a)  the proposed PEPP effectively integrates environmental, social and governance factors into its investment strategy and risk management and ensures that its portfolio management is aligned with with the Union’s climate and sustainability objectives as set out in the Paris agreement, Sustainable Development Goals, and the United Nations Guiding Principles on Business and Human Rights;

Amendment    76

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2.  Before taking a decision on the application, EIOPA shall consult the competent authority of the applicant.

2.  Before taking a decision on the application, EIOPA shall consult the competent authority of the applicant by providing it with a copy of the application and all the relevant information needed for the consultation to verify if there are any objections to the granting of the application.

Amendment    77

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4.  EIOPA shall withdraw the authorisation of a PEPP in the event that the conditions for granting this authorisation are no longer fulfilled.

4.  EIOPA shall withdraw the authorisation of a PEPP in the event that the conditions for granting this authorisation are no longer fulfilled. National competent authorities may ask EIOPA to consider the withdrawal of a PEPP authorisation upon providing any relevant information motivating this request. In case of authorization withdrawal, PEPP savers will be clearly informed and are entitled to switch the PEPP provider free of charge irrespective of the switching frequency stipulated in Article 45.

Amendment    78

Proposal for a regulation

Article 6 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4 a.  When a PEPP authorisation is withdrawn, EIOPA shall coordinate the actions needed to safeguard the PEPP savers holding a contract with the PEPP provider the authorisation has been withdrawn.

Amendment    79

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

EIOPA shall keep a central public register identifying each PEPP authorised under this Regulation, the provider of this PEPP and the competent authority of the PEPP provider. The register shall be made publicly available in electronic format.

EIOPA shall keep a central public register identifying each PEPP authorised under this Regulation, the provider of this PEPP, the competent authority of the PEPP provider, the date of authorisation of the PEPP and the number of the available national compartments. The register shall be made publicly available in electronic format and shall be promptly updated if changes occur.

Amendment    80

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1.  The portability service allows PEPP savers to continue contributing to the PEPP which they have already contracted with its provider, while changing their domicile by moving to another Member State.

1.  The portability service allows PEPP savers to continue contributing to the PEPP which they have already contracted with its provider, while changing their domicile by moving to another Member State. The Commission should examine waiving the fee for changing providers as an incentive. In any case, costs shall be reasonable and communicated always at time of the contract.

Amendment    81

Proposal for a regulation

Article 12 – paragraph 2

Text proposed by the Commission

Amendment

2.  In case of using the portability service, PEPP savers are entitled to retain all advantages and incentives granted by the PEPP provider and connected with continuous investment in the same PEPP.

2.  In case of using the portability service, PEPP savers are entitled to retain all advantages and incentives granted by the PEPP provider and connected with continuous investment in the same PEPP. The costs of using the portability service shall be reasonable.

Amendment    82

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

In situations where a PEPP saver changes domicile by moving to another Member State and no compartment is offered by the PEPP provider in that Member State, the PEPP saver shall be offered the possibility to switch to another provider free of charge.

Amendment    83

Proposal for a regulation

Article 12 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  PEPP receivers shall ensure that beneficiaries can receive PEPP pay-outs irrespective of the Member State in which they reside.

Amendment    84

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the Commission

Amendment

2.  When proposing a PEPP, the PEPP provider or PEPP distributor shall provide potential PEPP savers with information on which national compartments are immediately available.

2.  When proposing a PEPP, the PEPP provider or PEPP distributor shall provide potential PEPP savers with information on which national compartments are immediately available and either from the PEPP provider or from a registered partner.

Amendment    85

Proposal for a regulation

Article 13 – paragraph 3

Text proposed by the Commission

Amendment

3.  Three years at the latest after the entry into application of this Regulation, each PEPP shall offer national compartments for all Member States upon request addressed to the PEPP provider.

3.  The PEPP saver and PEPP provider shall list available compartments in their contract. The PEPP provider shall offer at least the compartments listed in the contract. A PEPP saver who wants to change domicile by moving to another Member State may exercise in any case his or her right to mobility by switching PEPP provider when the national compartment the PEPP saver wants to open is not made available by neither the PEPP provider nor a registered partner. There shall be no fees and charges applied in these instances for all customers.

Amendment    86

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

Without prejudice to the deadline under Article 13(3), PEPP providers shall ensure that within each individual PEPP account a new compartment could be opened, corresponding to the legal requirements and conditions for using incentives fixed at national level for the PEPP by the Member State to which the PEPP saver moves.

PEPP providers shall ensure that within each individual PEPP account a new compartment could be opened, either by transferal or addition, corresponding to the legal requirements and conditions for using incentives fixed at national level for the PEPP of the Member State where the compartment shall be open.

Amendment    87

Proposal for a regulation

Article 14 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

PEPP providers may enter a compartment partnership with other PEPP providers in order to facilitate provisions to open compartments in all Member States.

Amendment    88

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1.  Without prejudice to the deadline under Article 13(3), immediately after being informed about the PEPP saver's intention to exercise his right of mobility between Member States, the PEPP provider shall inform the PEPP saver about the possibility to open a new compartment within the PEPP saver's individual account and about the deadline within which such compartment could be opened.

1.  Immediately after being informed about the PEPP saver's intention to exercise his right of mobility between Member States, the PEPP provider shall inform the PEPP saver about the possibility to open a new compartment within the PEPP saver's individual account and about the deadline within which such compartment could be opened.

Amendment    89

Proposal for a regulation

Article 15 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c)  any relevant information about possible modifications in the adopted investment strategy or other elements.

deleted

Amendment    90

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

1.  At the request of the PEPP saver, the PEPP provider shall propose to the PEPP saver to arrange for transfer of accumulated assets between different compartments of the individual PEPP account, so that all assets could be consolidated in one compartment.

1.  At the request of the PEPP saver, the PEPP provider shall propose to the PEPP saver to arrange for transfer of accumulated assets between different compartments of the individual PEPP account, so that all assets could be consolidated in one compartment. Costs associated with this transfer must have been stipulated at the time the contract was concluded.

Amendment    91

Proposal for a regulation

Article 17 – title

Text proposed by the Commission

Amendment

Provision of information on portability to the national authorities

Provision of information on portability to the competent authorities

Amendment    92

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1.  All contractual arrangements for providing the portability service shall be notified by the PEPP provider to the respective national authority exercising prudential supervision over it.

1.  All contractual arrangements for providing the portability service shall be notified by the PEPP provider to EIOPA.

Amendment    93

Proposal for a regulation

Article 17 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  The information under paragraph 1 shall be filed electronically in a central database held with the national supervisory authority within one month of opening the new compartment and shall contain at least:

2.  The information under paragraph 1 shall be filed electronically in a central database held with EIOPA within one month of opening the new compartment. EIOPA shall make the database accessible to the national competent authorities who shall as well be automatically notified and receive information concerning the local compartments in case of any changes. The database shall contain at least:

Amendment    94

Proposal for a regulation

Article 17 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa)  identification of the registered partner if any;

Amendment    95

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

All documents and information under this Chapter shall be provided to PEPP customers electronically, provided that the PEPP customer is enabled to store such information in a way accessible for future reference and for a period of time adequate for the purposes of the information and that the tool allows the unchanged reproduction of the information stored. Upon request, PEPP providers and distributors shall provide free of charge those documents and information also on another durable medium.

All documents and information under this Chapter shall be provided to PEPP customers electronically, provided that the PEPP customer is enabled to store such information in a way accessible for future reference and for a period of time adequate for the purposes of the information and that the tool allows the unchanged reproduction of the information stored. Upon request, PEPP providers and distributors shall provide free of charge those documents and information also on another durable medium, including a hard copy, and in an accessible format to PEPP savers with disabilities as well as an easy to read version for PEPP savers with low or no financial literacy.

Amendment    96

Proposal for a regulation

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

1.  Before a PEPP is proposed to PEPP savers, the PEPP provider shall draw up for that product a PEPP key information document in accordance with the requirements of this Chapter and shall publish the document on its website.

1.  Before a PEPP is proposed to PEPP savers, the PEPP provider shall draw up for that product a PEPP key information document constituting pre-contractual information in accordance with the requirements of this Chapter and shall publish the document on its website.

Amendment    97

Proposal for a regulation

Article 23 – paragraph 2

Text proposed by the Commission

Amendment

2.  PEPP providers and PEPP distributors shall comply with Articles 5(2), and 6 to 18 of Regulation (EU) No 1286/2014.

2.  PEPP providers and PEPP distributors shall apply the requirements contained in Articles 5(2), and 6 to 18 of Regulation (EU) No 1286/2014 when drawing up the PEPP key information document.

Amendment    98

Proposal for a regulation

Article 23 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

By way of a derogation from Article 8 of Regulation (EU) No 1286/2014 and with a view to complementing the other aforementioned provisions, the PEPP key information document shall:

 

(a)  Be designed in an understandable way for the customer and shall enable a fair product comparison. In addition, the product characteristics of a retirement product shall be clear;

 

(b)  Be presented and laid out in a way that is clear and easy to read, using characters of a readable size;

 

(c)  Be no less comprehensible in the event that, having been originally produced in colour, it is printed or photocopied in black and white;

 

(d)  Be written in the official languages, or in one of the official languages, used in the part of the Member State where the PEPP is offered or, if agreed by the PEPP saver and the PEPP distributor, in another language;

 

(e)  Be free of charge;

 

(f)  not be misleading or inaccurate;

Amendment    99

Proposal for a regulation

Article 23 – paragraph 3 – point iii

Text proposed by the Commission

Amendment

(iii)  the retirement age;

(iii)  information about (a) the retirement age as proposed by the PEPP scheme and (b) the standard retirement age of the Member State whose law is applicable;

Amendment    100

Proposal for a regulation

Article 23 – paragraph 3 – point iv

Text proposed by the Commission

Amendment

(iv)  general information on the portability service, including information on the compartments;

(iv)  general information on the portability service, including information on the compartments, registered partners if any and pay-outs in other Member States;

Amendment    101

Proposal for a regulation

Article 23 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a.  By way of a derogation from Article 8 of Regulation (EU) No 1286/2014 (PRIIPS Regulation), the PEPP key information document shall be presented in the sequence set out in the following paragraphs:

 

(a)  The heading ‘PEPP key information document’ at the top of the first page shall be immediately followed by:

 

(i)  The type of the PEPP;

 

(ii)  The name of the PEPP;

 

(iii)  The name, contact details and, if appropriate, authorisation number of the PEPP provider by NCA and the certification by EIOPA;

 

(iv)  The name and contact details of the PEPP provider’s competent authority;

 

(v)  The date of the PEPP Key information document;

 

(vi)  Details concerning authorisation in accordance with Article 4.

 

(vii)   Information related to the investment policy of PEPP in terms of environmental, social and governance factors;

 

(viii)   Information on any impact the timing of retirement may have on the risks and retirement benefits of the PEPP;

 

(ix)   A description of decumulation options and a statement that it may be prudent to consider advice on these options before retirement.

 

(b)  An explanatory statement shall appear directly after the details underneath the title of the PEPP key information document. It shall read: ‘This document provides you with key information about this PEPP. It is not marketing material. The information is required by law to help you understand the nature, risks, costs, and potential gains and losses of this product and to help you compare it with other products.’;

 

(c)  Under a section titled ‘What is this product?’, in addition to the information referred to in Article 23(3) of this [PEPP] Regulation, the nature and main features of the PEPP, including:

 

(i)   General information about the portability service - ‘We offer a portability service in the following European Union Member States:’ - and a list of the Member States concerned;

 

(ii)  General information about the switching service: ‘You may switch investment options and providers every 5 years respectively. For that we shall charge you [x]% of the capital that has accumulated by the time the switch takes place.’;

 

(iii)  Where the PEPP offers insurance benefits during the accumulation phase, details of those insurance benefits, including the circumstances that would trigger them;

 

(iv)  Available information on the investment strategy in the light of environmental, social and governance factors;

 

(v)  The law applicable to the PEPP contract where the parties do not have a free choice of law or, where the parties are free to choose the applicable law, the law that the PEPP provider proposes to choose;

 

(d)  Under a section titled ‘What are the risks and what could I get in return?’, a brief description of the risk-reward profile comprising the following elements:

 

(i)  a summary risk indicator;

 

(ii)  The degree of capital protection against market risks - expressed as a percentage of the capital paid in - at the end of the accumulation phase;

 

(iii)  Where applicable, details of the total amount paid out until age 80, 90 and 100 of the PEPP saver on the basis of three performance scenarios - 1%, 2% and 3% - during the decumulation phase, including an average annual inflation rate of 4%;

 

(iv)  Details of the guaranteed lifetime minimum monthly out-payment per EUR 10 000 of paid-in capital;

 

(v)  A brief statement that the tax legislation of the PEPP saver’s home Member State may have an impact on the actual pay-out;

 

(e)  Under a section titled ‘What happens if [the name of the PEPP provider] is unable to pay out?’, a brief description of whether the related loss is covered by an investor compensation or guarantee scheme and, if so, which scheme it is, which risks are covered by the scheme and which are not;

 

(f)  Under a section titled ‘What are the costs?’, the likely direct and indirect costs associated with a PEPP investment, aggregated and expressed as a percentage of the invested assets in order to ensure direct comparability. For the cost projection, a constant year-on-year increase of 2% of the invested assets should be assumed;

 

(g)  Under a section titled ‘How long should I hold the PEPP and can I take money out early?’:

 

(i)  An indication of the recommended holding period, on the basis of the age at which the pension is to be taken, and any mandatory minimum holding period;

 

(ii)  The possibility of terminating the PEPP contract early and the conditions for doing so, including all applicable costs and fees;

 

(iii)  Information about the potential consequences of terminating the contract before the end of the accumulation phase or recommended holding period, such as the loss of capital protection or additional contingent fees;

 

(h)  Under a section titled ‘How can I complain?’, information about how and to whom a PEPP saver can make a complaint about the product or the conduct of the PEPP provider or a person advising on, or selling, the product;

 

(i)  Under a section titled ‘Other relevant information’, a brief reference to any additional information documents such as any reports on the solvency and financial position of the PEPP provider, excluding any marketing material.

 

(j)   KID must be easily available on the website of the provider with download access;

Amendment    102

Proposal for a regulation

Article 23 – paragraph 5

Text proposed by the Commission

Amendment

5.  Potential PEPP savers shall also be provided with information on the past performance of investments related to the PEPP scheme covering a minimum of five years, or, where the scheme has been operating for fewer than five years, covering all the years that the scheme has been operating, as well as with information on the structure of costs borne by PEPP savers and PEPP beneficiaries.

5.  Potential PEPP savers shall also be provided with information on the past performance of investments related to the PEPP scheme covering a minimum of 20 years with figures for each individual year, or, where the scheme has been operating for fewer than 20 years, covering all the years that the scheme has been operating, as well as with clear information on the structure of total costs and fees borne by PEPP savers and PEPP beneficiaries. In case the information cannot be provided where he PEPP scheme has existed for less than on year, PEPP savers should at least have access to the performance of a comparable scheme of investments.

Amendment    103

Proposal for a regulation

Article 23 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a.  PEPP providers and PEPP distributors shall comply with Articles 9 to 18 of Regulation (EU) No 1286/2014.

Amendment    104

Proposal for a regulation

Article 25 – title

Text proposed by the Commission

Amendment

Specification of demands and needs and provision of advice

Specification of demands, needs and preferences and provision of advice

Amendment    105

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Prior to the conclusion of a PEPP-related contract, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall specify, on the basis of information obtained from the PEPP saver, the retirement-related demands and the needs of that PEPP saver and shall provide the PEPP saver with objective information about the PEPP in a comprehensible form to allow that PEPP saver to make an informed decision.

Prior to the conclusion of a PEPP-related contract, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall specify, on the basis of information obtained from the PEPP saver, the retirement-related demands and the needs and preferences, including ESG related preferences of of that PEPP saver and shall provide the PEPP saver with objective information about the PEPP in a comprehensible form to allow that PEPP saver to make an informed decision.

Amendment    106

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

Advice shall aim at assessing the risk adversion and the financial skills of a PEPP saver as well as at making him able to choose the investment option which better correspond to his risk profile.

Justification

It is important to specify what advice aims at, with special regard to the evaluation of a PEPP saver risk profile.

Amendment    107

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph 2 b (new)

Text proposed by the Commission

Amendment

 

Through advice, a PEPP saver shall be informed on the main features of the product.

Justification

To better evaluate the risk profile of a PEPP saver, information on PEPP main features is suitable.

Amendment    108

Proposal for a regulation

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

2.  Where advice is provided prior to the conclusion of any specific contract, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall provide the PEPP saver with a personalised recommendation explaining why a particular PEPP would best meet the PEPP savers’s demands and needs.

2.  Advice shall be provided prior to the conclusion of any specific contract. The PEPP provider or distributor referred to in Article 19(c) of this Regulation shall provide the PEPP saver with a personalised recommendation explaining why a particular PEPP would best meet the PEPP saver’s demands, needs and preferences. The PEPP saver should also receive information as to the possible environmental, social and governance related implications of that personalised recommendation.

Amendment    109

Proposal for a regulation

Article 25 – paragraph 3

Text proposed by the Commission

Amendment

3.  When providing advice on PEPPs, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall comply with the applicable national laws giving effect to the rules set out in Article 25(2) of Directive 2014/65/EU and with any directly applicable Union legislation adopted under Article 25(8) of that Directive relating to those rules.

3.  Without prejudice to the obligation set out in the preceding paragraph, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall comply with the applicable national laws giving effect to the rules set out in Article 25(2) of Directive 2014/65/EU and with any directly applicable Union legislation adopted under Article 25(8) of that Directive relating to those rules.

Justification

Under Article 22(2) of Directive (EU) 2016/97 (IDD), Member States have a national option to make the provision of advice mandatory by insurance distributors prior to the conclusion of any insurance contract. Where a PEPP distributor is an insurance intermediary registered under IDD, Article 19(a) of the PEPP Regulation provides that Chapters V and VI of IDD apply: the national option for mandatory advice (covered by Chapter V) will therefore apply. In some Member States, PEPP contracts distributed by insurance intermediaries will therefore always be sold with prior advice. This will not be the case where PEPP contracts are distributed by investment firms authorized under MiFID II or by any other type of financial undertaking allowed as PEPP provider under Article 5(1) of the PEPP Regulation. This is because neither MiFID II nor the proposed PEPP Regulation currently contains a national option to make the provision of advice mandatory prior to the conclusion of a PEPP contract. This will result in PEPP savers being treated differently depending on the legal status of the PEPP distributor with whom they will deal. These amendments solve this issue and ensure a higher standard for the protection of the PEPP saver.

Amendment    110

Proposal for a regulation

Article 26

Text proposed by the Commission

Amendment

Article 26

deleted

Concluding a contract for a PEPP without advice

 

1.  Without prejudice to Article 25(1), the PEPP saver may waive his right to receive advice in relation to concluding a contract for the default investment option.

 

Where the PEPP saver waives his right to receive advice, PEPP providers or distributors referred to in Article 19(c) of this Regulation shall, when carrying out PEPP distribution activities, ask the PEPP saver or potential PEPP saver to provide information regarding that person’s knowledge and experience in the investment field relevant to the PEPP offered or demanded so as to enable the PEPP provider or distributor to assess whether the PEPP envisaged is appropriate for the PEPP saver.

 

Where the PEPP provider or distributor referred to in Article 19(c) of this Regulation considers, on the basis of the information received under the first subparagraph, that the product is not appropriate for the PEPP saver or potential PEPP saver, the PEPP provider or distributor shall warn the PEPP saver or potential PEPP saver to that effect. That warning may be provided in a standardised format.

 

Where PEPP savers or potential PEPP savers do not provide the information referred to in the first subparagraph, or where they provide insufficient information regarding their knowledge and experience, the PEPP provider or distributor shall warn them that it is not in a position to determine whether the PEPP envisaged is appropriate for them. That warning may be provided in a standardised format.

 

2.  Without prejudice to Article 25(1), where the PEPP saver has waived his right to receive advice in relation to the default investment option, the PEPP provider or distributor referred to in Article 19(c) of this Regulation may carry out PEPP distribution activities without the need to obtain the information or make the determination provided for in paragraph 1 of this Article where all the following conditions are met:

 

(a)  the activities relate to PEPP contracts concerning the default investment option which only provide investment exposure to the financial instruments deemed non-complex under Article 25(4)(a) of Directive 2014/65/EU and do not incorporate a structure which makes it difficult for the PEPP saver to understand the risks involved;

 

(b)  the distribution of the PEPP is at the initiative of the PEPP saver or potential PEPP saver;

 

(c)  the PEPP saver or potential PEPP saver has been clearly informed that, in the provision of the PEPP distribution activity, the PEPP provider or distributor is not required to assess the appropriateness of the PEPP or PEPP distribution activity provided or offered and that the PEPP saver or potential PEPP saver does not benefit from the corresponding protection of the relevant conduct of business rules. Such a warning may be provided in a standardised format;

 

(d)  the PEPP provider or distributor complies with its obligations under the rules applicable to it, in accordance with this Chapter, concerning conflicts of interest in relation to PEPP distribution activities.

 

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 62 to further specify how PEPP providers or distributors referred to in Article 19(c) of this Regulation are to comply with the principles set out in this Article when carrying out PEPP distribution activities, including with regard to the information to be obtained when assessing the appropriateness of PEPPs for their customers and the criteria to assess non-complex PEPP-related contracts for the purposes of point (ii) of paragraph 2(a) of this Article. Those delegated acts shall take into account:

 

(a)   the nature of the services offered or provided to the PEPP saver or potential PEPP saver, having regard to the type, object, size and frequency of the transactions; and

 

(b)   the nature of the products being offered or considered, including different types of financial instruments.

 

Justification

This amendment aims at deleting the possibility for a PEPP saver to waive his right to receive advice which should be given in any case to PEPP consumers.

Amendment    111

Proposal for a regulation

Article 27 – paragraph 1

Text proposed by the Commission

Amendment

1.  PEPP providers shall draw up a concise personalised document containing key information for each PEPP saver taking into consideration the specific nature of national pension systems and of relevant national social, labour and tax law (“PEPP Benefit Statement”). The title of the document shall contain the words “PEPP Benefit Statement”.

1.  PEPP providers shall draw up a concise, clear and comprehensible personalised document containing key information for each PEPP saver, and for PEPP beneficiaries if agreed upon by the PEPP saver, taking into consideration the specific nature of national pension systems and of relevant national social, labour and tax law (“PEPP Benefit Statement”). The title of the document shall contain the words “PEPP Benefit Statement”.

Amendment    112

Proposal for a regulation

Article 27 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3.  In addition, the PEPP saver shall be kept informed throughout the term of the contract of any change concerning the following information:

3.  In addition, the PEPP saver and beneficiaries shall be kept informed throughout the term of the contract of any change concerning the following information:

Amendment    113

Proposal for a regulation

Article 27 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d)  information on how the investment policy takes into account environmental, social and governance factors.

(d)  information on how the investment policy takes into account environmental, social and governance factors, including the role they play in the investment process as well as the long term impact and the externalities of the investment decisions.

Justification

PEPP savers need to be informed on the externalities their investment decisions have on the society.

Amendment    114

Proposal for a regulation

Article 28 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  The PEPP Benefit Statement shall include, at least, the following key information for PEPP savers:

1.  The PEPP Benefit Statement shall be provided free of charge, annually and include, at least, the following key information for PEPP savers and beneficiaries if agreed upon by the PEPP saver:

Amendment    115

Proposal for a regulation

Article 28 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  personal details of the PEPP saver, name of the PEPP provider, information on pension benefit projections, information on accrued entitlements or accumulated capital, contributions paid by the PEPP saver or any third party and information on the funding level of the PEPP scheme, for which Article 39, paragraphs 1(a), (b), (d), (e), (f) and (h) of Directive 2016/2341/EU shall be applied, where the "member" means the PEPP saver, the "IORP" means the PEPP provider, the "pension scheme" means the PEPP scheme and "the sponsoring undertaking" means any third party for the purposes of this Regulation;

(a)  personal details of the PEPP saver, name and contact information of the PEPP provider, identification of the scheme of the PEPP saver, information on pension benefit projections, information on accrued entitlements or accumulated capital, contributions paid by the PEPP saver or any third party and information on the funding level of the PEPP scheme, for which Article 39, paragraphs 1(a), (b), (d), (e), (f) and (h) of Directive 2016/2341/EU shall be applied, where the "member" means the PEPP saver, the "IORP" means the PEPP provider, the "pension scheme" means the PEPP scheme and "the sponsoring undertaking" means any third party for the purposes of this Regulation;

Amendment    116

Proposal for a regulation

Article 28 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(e a)  a summary on the PEPP provider’s investment-policy principles that are further described in the supplementary information in accordance with Article 29, point (c) of the present Regulation.

Justification

The most relevant information on PEPP providers’ investment-policy principles need to be set out in the PEPP Benefit Statement, leaving further details to the supplementary information described in Article 29.

Amendment    117

Proposal for a regulation

Article 28 – paragraph 1 – point e b (new)

Text proposed by the Commission

Amendment

 

(eb)  information on pension benefit projections based on the retirement age as specified in point (b), and a disclaimer that those projections may differ from the final value of the benefits received.These shall be illustrated on the basis of economic scenarios, including a best estimate scenario and an unfavourable scenario, taking into consideration the specific nature of the PEPP scheme.

Amendment    118

Proposal for a regulation

Article 28 – paragraph 1 – point e c (new)

Text proposed by the Commission

Amendment

 

(ec)  information on the accrued pension entitlements or accumulated pension capital taking into consideration the specific nature of the PEPP scheme;

Amendment    119

Proposal for a regulation

Article 28 – paragraph 1 – point e d (new)

Text proposed by the Commission

Amendment

 

(ed)  Information on what happens in the event of death of the PEPP saver or beneficiary

Amendment    120

Proposal for a regulation

Article 30 – title

Text proposed by the Commission

Amendment

Information to be given to PEPP savers during the pre-retirement phase and to PEPP beneficiaries during the decumulation phase

Information to be given to PEPP savers and beneficiaries during the pre-retirement phase and to PEPP beneficiaries during the decumulation phase

Amendment    121

Proposal for a regulation

Article 30 – paragraph 1

Text proposed by the Commission

Amendment

1.  PEPP savers shall receive information during the pre-retirement phase as set out in Article 42 of Directive 2016/2341/EU.

1.  PEPP savers and beneficiaries upon the request of PEPP savers or pursuant to a court order, shall receive information during the pre-retirement phase as set out in Article 42 of Directive 2016/2341/EU. This information must be provided at the latest one year prior to the retirement age and include information about the upcoming start of the decumulation phase and the possible forms of out-payments.

Amendment    122

Proposal for a regulation

Article 32 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  to assess the system of governance applied by the PEPP providers, the business they are pursuing, the valuation principles applied for solvency purposes, the risks faced and the risk-management systems, and their capital structure, needs and management;

(a)  to assess the system of governance applied by the PEPP providers, the business they are pursuing, the valuation principles applied for solvency purposes, the risks faced and the risk-management systems, including the integration of ESG related risks, and their capital structure, needs and management;

Amendment    123

Proposal for a regulation

Article 32 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  to obtain from the PEPP providers any information regarding environmental, social and governance factors in accordance with Article 31a;

Amendment    124

Proposal for a regulation

Article 33 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  within the prudent person rule, PEPP providers shall take into consideration the potential long-term impact of investment decisions on environmental, social, and governance factors.

Amendment    125

Proposal for a regulation

Article 33 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  investment in derivative instruments shall be possible insofar as such instruments contribute to a reduction in investment risks or facilitate efficient portfolio management. Those instruments shall be valued on a prudent basis, taking into account the underlying asset, and included in the valuation of a PEPP provider's assets. PEPP providers shall also avoid excessive risk exposure to a single counterparty and to other derivative operations;

deleted

Amendment    126

Proposal for a regulation

Article 33 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f)  the assets shall not be invested in a high-risk and non-cooperative jurisdiction identified by the Financial Action Task Force;

(f)  Investing in a high-risk and non-cooperative jurisdiction identified by the Financial Action Task Force is forbidden;

Amendment    127

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

1.  PEPP providers shall offer up to five investment options to PEPP savers.

1.  PEPP providers shall offer at least the default PEPP and/or several investment options to PEPP savers.

Amendment    128

Proposal for a regulation

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

The PEPP saver shall opt for an investment option upon conclusion of the PEPP contract.

The PEPP saver shall opt for one of the several investment options upon conclusion of the PEPP contract.

Amendment    129

Proposal for a regulation

Article 36 – paragraph 1

Text proposed by the Commission

Amendment

1.  The PEPP saver shall be able to opt for a different investment option once every five years of accumulation in the PEPP.

1.  The terms for modification of the investment option shall be listed in the PEPP contract. In any case, the PEPP saver shall be able to opt for a different investment option once every five years of accumulation in the PEPP

Justification

PEPP savers should be able to change investment options once every five years or even earlier, if allowed by their PEPP contract.

Amendment    130

Proposal for a regulation

Article 37

Text proposed by the Commission

Amendment

Article 37

Article 37

Default investment option

Default investment option

1.  The default investment option shall ensure capital protection for the PEPP saver, on the basis of a risk-mitigation technique that results in a safe investment strategy.

1.  The PEPP provider shall guarantee the PEPP saver under the default option that the capital accumulated by the start of the pay-out phase will at least equal the contributions paid including all costs and charges plus compensation for inflation according to the applicable index, but not exceeding an average annual inflation rate of 4%. The default investment option shall be a simple and safe product that can be easily understood and acquired, including through digital channels, in each Member State.

2.  Capital protection shall allow the PEPP saver to recoup the capital invested.

2.  Capital protection shall offer a capital guarantee allowing the PEPP saver to recoup the capital invested including fees, cost and compensation for inflation.

Amendment    131

Proposal for a regulation

Article 38 – paragraph 1

Text proposed by the Commission

Amendment

1.  If PEPP providers offer alternative investment options, at least one of them shall offer a cost-effective investment option to PEPP savers.

1.  If PEPP providers offer alternative investment options, all of them shall offer a default option to PEPP savers.

Amendment    132

Proposal for a regulation

Article 42 – paragraph 1

Text proposed by the Commission

Amendment

PEPP providers may offer PEPPs with an option ensuring the coverage of the risk of biometric risks. For the purpose of this Regulation, "biometric risks" mean risks linked to longevity, disability and death.

PEPP providers shall include a guarantee on the capital invested for death and permanent disability of the PEPP saver during the accumulation phase.

Justification

Definition of the term moved to Article 2.

Amendment    133

Proposal for a regulation

Article 45 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The switching service may be provided by PEPP providers established in the same Member State (domestic switching) or in different Member States (cross-border switching).

The terms for switching PEPP providers shall be listed in the PEPP contract. In any case, the PEPP saver shall be able to switch PEPP provider once every five years of accumulation in the PEPP.

Amendment    134

Proposal for a regulation

Article 46 – paragraph 3

Text proposed by the Commission

Amendment

3.  Within two working days from receipt of the authorisation referred to in paragraph 2, the receiving PEPP provider shall request the transferring PEPP provider to carry out the following tasks, if provided for in the PEPP saver’s authorisation:

3.  Within five working days from receipt of the PEPP saver’s request referred to in paragraph 2, the receiving PEPP provider shall request the transferring PEPP provider to carry out the following tasks, if provided for in the PEPP saver’s request:

a)  transmit to the receiving PEPP provider and, if specifically requested by the PEPP saver, to the PEPP saver, a list of the existing amounts that are being switched;

a)  transmit to the receiving PEPP provider and, also to the PEPP saver where they specifically request, a list of the existing amounts that are being switched;

b)   transfer any remaining positive balance to the PEPP account opened or held with the receiving PEPP provider on the date specified by the PEPP saver; and

(b)  transfer any remaining positive balance to the PEPP account held with the receiving PEPP provider from the date specified by the PEPP saver; and

c)   close the PEPP account held with the transferring PEPP provider on the date specified by the PEPP saver.

(c)  close the PEPP account held with the transferring PEPP provider from the date specified by the PEPP saver.

Amendment    135

Proposal for a regulation

Article 48 – paragraph 3

Text proposed by the Commission

Amendment

3.  The total fees and charges applied by the transferring PEPP provider to the PEPP saver for the closure of the PEPP account held with it shall be limited to no more than 1,5 % of the positive balance to be transferred to the receiving PEPP provider.

3.  The total fees and charges applied by the transferring PEPP provider to the PEPP saver for the closure of the PEPP account held with it shall be limited to no more than 0,5 % of the positive balance to be transferred to the receiving PEPP provider. The Commission shall examine waiving the fee for changing providers as an incentive to promote the PEPP product.

Amendment    136

Proposal for a regulation

Article 48 – paragraph 4

Text proposed by the Commission

Amendment

4.  Fees and charges, if any, applied by the transferring or the receiving PEPP provider to the PEPP saver for any service provided under Article 46, other than those referred to in paragraphs 1, 2 and 3 of this Article, shall be reasonable and in line with the actual costs of that PEPP provider.

4.  In the context of the switching process, services given by the receiving PEPP provider shall be free of charge.

Amendment    137

Proposal for a regulation

Article 50 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

PEPP providers shall give to PEPP savers the following information about the switching service:

Receiving PEPP providers shall give to PEPP savers the following information about the switching service:

Amendment    138

Proposal for a regulation

Article 51 – paragraph 2

Text proposed by the Commission

Amendment

2.  Such conditions may include in particular the setting of the retirement age, of a mandatory link between reaching the retirement age and commencing the decumulation phase, of a minimum period of belonging to a PEPP scheme, of a maximum period before reaching the retirement age for joining a PEPP scheme, as well as conditions for redemption in case of particular hardship.

2.  Such conditions shall include in particular the setting of the retirement age, of a mandatory link between reaching the retirement age and commencing the decumulation phase, of a minimum period of belonging to a PEPP scheme, of a maximum period before reaching the retirement age for joining a PEPP scheme, as well as conditions for redemption in case of particular hardship.

Amendment    139

Proposal for a regulation

Article 52 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  PEPP providers may make available to PEPP savers one or more of the following forms of out-payments:

1.  PEPP providers shall make available to PEPP savers one or more of the following forms of out-payments:

Amendment    140

Proposal for a regulation

Article 52 – paragraph 2

Text proposed by the Commission

Amendment

2.  The choice of the form of out-payments for the decumulation phase shall be exercised by PEPP savers upon conclusion of a PEPP contract and can be changed once every five years thereafter during the accumulation phase, if applicable.

2.  The choice of the form of out-payments for the decumulation phase shall be exercised by PEPP savers upon conclusion of a PEPP contract and can be changed once every five years thereafter and during the last year of the accumulation phase. This possibility to change should be free of charge.

Justification

During the last year of the accumulation phase, the customer should have the possibility to change his choice for the decumulation phase.

Amendment    141

Proposal for a regulation

Article 52 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  Where Member States have not imposed a mandatory link between reaching retirement age and the start of the decumulation phase, PEPP providers shall give PEPP savers the option to defer the start of the decumulation phase to a date after they have reached retirement age.

Justification

Customers should be able to use their PEPP later on during their retirement.

Amendment    142

Proposal for a regulation

Article 52 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b.  With regard to the default investment option, a minimum of 25% of out-payments in the form of annuities shall be mandatory.

Amendment    143

Proposal for a regulation

Article 52 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

 

2c.  Where, upon the start of the decumulation phase, the overall value of the assets accumulated in a PEPP account does not exceed an amount to be laid down and revised every year by each Member State, the PEPP saver shall have the right to liquidate the PEPP account and receive a lump sum payment.

Justification

The regulation should enabling small PEPPs to be liquidated by way of a lump sum payment upon retirement

Amendment    144

Proposal for a regulation

Article 53 – paragraph 1

Text proposed by the Commission

Amendment

1.  The competent authority of the PEPP provider shall supervise compliance with this Regulation on an ongoing basis. It shall also be responsible for supervising compliance with the obligations set out in the rules or instruments of incorporation of the PEPP provider, and the adequacy of its arrangements and organisation with the tasks to be fulfilled when providing a PEPP.

1.  The competent authority of the home Member State of the PEPP provider shall supervise compliance with this Regulation on an ongoing basis. It shall also be responsible for supervising compliance with the obligations set out in the rules or instruments of incorporation of the PEPP provider, and the adequacy of its arrangements and organisation with the tasks to be fulfilled when providing a PEPP.

 

By derogation to the first subparagraph, compliance by the PEPP provider and the PEPP distributor with Chapter IV of this Regulation shall be supervised on an ongoing basis by the competent authority of the host Member State of the PEPP provider and the PEPP distributor.

Justification

This amendment aims at providing legal certainty as to which NCA is responsible for the ongoing supervision of PEPP providers and distributors in cross-border situations, particularly as regards the rules on distribution and information requirements set out in Chapter IV of the Regulation.

Amendment    145

Proposal for a regulation

Article 63 – paragraph 1

Text proposed by the Commission

Amendment

Five years after the entry into force of this Regulation, the Commission shall carry out an evaluation of this Regulation and, and after consulting EIOPA, present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee.

Every five years after the entry into force of this Regulation, the Commission shall carry out an evaluation of this Regulation and, and after consulting EIOPA, present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. In drafting the Report, the Commission shall also consult the national competent authorities.

Amendment    146

Proposal for a regulation

Article 63 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

Five years after the entry into force of this Regulation, the Commission shall carry out an evaluation of this Regulation and, and after consulting EIOPA, present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee.

 

This particular evaluation shall in particular consider the added value of the PEPP in closing the pension gap and the added value to long term investments. More specifically, the evaluation should provide data that allows a verification of whether the creation of a PEPP market has effectively contributed to more European citizens having access to adequate pensions.

Amendment    147

Proposal for a regulation

Article 63 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

The Commission shall set up a panel with relevant stakeholders to continuously monitor the development and implementation of the PEPP. That panel shall include at least EIOPA, the national supervisors, industry and consumer representatives and independent experts, including at least one ESG expert. The secretariat of the panel shall be EIOPA.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Pan-European Personal Pension Product (PEPP)

References

COM(2017)0343 – C8-0219/2017 – 2017/0143(COD)

Committee responsible

       Date announced in plenary

ECON

11.9.2017

 

 

 

Opinion by

       Date announced in plenary

EMPL

11.9.2017

Rapporteur

       Date appointed

Heinz K. Becker

3.10.2017

Discussed in committee

25.4.2018

19.6.2018

 

 

Date adopted

28.6.2018

 

 

 

Result of final vote

+:

–:

0:

35

4

2

Members present for the final vote

Laura Agea, Guillaume Balas, Tiziana Beghin, Brando Benifei, Enrique Calvet Chambon, David Casa, Michael Detjen, Geoffroy Didier, Martina Dlabajová, Elena Gentile, Marian Harkin, Czesław Hoc, Agnes Jongerius, Rina Ronja Kari, Jan Keller, Ádám Kósa, Agnieszka Kozłowska-Rajewicz, Jean Lambert, Jeroen Lenaers, Thomas Mann, Anthea McIntyre, Elisabeth Morin-Chartier, Emilian Pavel, Georgi Pirinski, Marek Plura, Dennis Radtke, Terry Reintke, Siôn Simon, Marita Ulvskog

Substitutes present for the final vote

Maria Arena, Georges Bach, Tania González Peñas, Krzysztof Hetman, Dieter-Lebrecht Koch, Eduard Kukan, Edouard Martin, Ivari Padar, Sven Schulze, Tom Vandenkendelaere

Substitutes under Rule 200(2) present for the final vote

Dimitrios Papadimoulis, Martin Schirdewan

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

35

+

ALDE

Enrique Calvet Chambon, Martina Dlabajová, Marian Harkin

ECR

Czesław Hoc, Anthea McIntyre

PPE

Georges Bach, David Casa, Geoffroy Didier, Krzysztof Hetman, Dieter-Lebrecht Koch, Ádám Kósa, Agnieszka Kozłowska-Rajewicz, Eduard Kukan, Jeroen Lenaers, Thomas Mann, Elisabeth Morin-Chartier, Marek Plura, Dennis Radtke, Sven Schulze, Tom Vandenkendelaere

S&D

Maria Arena, Guillaume Balas, Brando Benifei, Michael Detjen, Elena Gentile, Agnes Jongerius, Jan Keller, Edouard Martin, Ivari Padar, Emilian Pavel, Georgi Pirinski, Siôn Simon, Marita Ulvskog

VERTS/ALE

Jean Lambert, Terry Reintke

4

-

GUE/NGL

Tania González Peñas, Rina Ronja Kari, Dimitrios Papadimoulis, Martin Schirdewan

2

0

EFDD

Laura Agea, Tiziana Beghin

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention


OPINION of the Committee on the Internal Market and Consumer Protection (6.7.2018)

for the Committee on Economic and Monetary Affairs

on the proposal for a regulation of the European Parliament and of the Council on a pan-European Personal Pension Product (PEPP)

(COM(2017)0343 – C8-0219/2017 – 2017/0143(COD))

Rapporteur for opinion: Birgit Collin-Langen

SHORT JUSTIFICATION

The rapporteur welcomes the Commission’s initiative for a pan-European Personal Pension Product and the proposal to encourage Europe’s citizens to make arrangements for their private pensions. It is in everybody’s interest to combat the impact of the demographic shift on retirement policy in each Member State and introduce private savings schemes at an early stage. This applies particularly to the young generation and people on low incomes.

There is currently no single market for private pensions. In some Member States there are currently few or no private pension products available, and the existing national markets are extremely fragmented. It is not possible to take a product into another Member State or arrange a pension product in another Member State in order to gain a fiscal advantage. A standardised pan-European product would improve this situation. The proposal puts forward adequate and appropriate ways of removing the barriers to making cross-border pension arrangements and moving pension products across borders. The proposal is proportionate, as barriers to the portability of a product into another Member State cannot be removed by one Member State acting alone, even though private pension markets are governed by national jurisdiction.

The objective is to have a pension product which is voluntary, simple, safe, transparent, consumer-friendly and reasonably-priced.

Only then can the concept of a portable pan-European pension product succeed.

People buy PEPPs in order to make provision for their old age. As a rule, therefore, that provision must take the form of an annuity payable until a person’s death.

A necessary condition for the PEPP to succeed will be support from the Member States, as only they can provide the same fiscal incentives and benefits as are available with comparable national products.

Various amendments and clarifications are proposed which will guarantee a high level of consumer protection.

Information obligations: One suggestion is for the provisions on advertising and the pre-contractual information (PEPP-KID) to be dealt with in the Regulation itself and for the reference to Regulation (EU) No 1286/2014 (the PRIIPS Regulation) to be removed. This would give more legal clarity and certainty.

Portability: The rapporteur welcomes the ambitious aim of having PEPPs available in all the Member States. However, the timeframe would seem to be too tight; the deadline for setting up the compartments needs to be extended to five years. Compartment partnerships will also be introduced to help PEPP providers to make their products available in all the Member States.

Investment options: The rapporteur is in favour of a simple, safe, transparent, consumer-friendly and reasonably-priced pension product. The standard option should enable people to conclude the contract without taking advice. Many consumers have insufficient knowledge to make such far-reaching financial decisions. To ensure a well-informed basis for consumers’ decisions, a decision tree will be provided. This will be developed by the EIOPA and will not give recommendations; it will help PEPP customers decide whether obtaining a PEPP will in fact provide them with the right kind of pension. There will also be a presentation of the various designs of the standard option so that the customer can see how they vary and come to an informed decision.

The design of the investment option will ensure the saver that the capital accumulated by the start of the pay-out phase will at least equal the contributions paid, including all costs and charges.

AMENDMENTS

The Committee on the Internal Market and Consumer Protection calls on the Committee on Economic and Monetary Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a)  Old age pensions constitute an essential part of a retiree’s income, and for many people an adequate pension provision makes the difference between a comfortable old age or poverty; it is a precondition for exercising fundamental rights laid down in the Charter of Fundamental Rights of the European Union, including in Article 25 on the rights of the elderly which states: “The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life”; as well as the rights enshrined in the Recommendation of the Committee of Ministers to Member States on the promotion of human rights of older persons of the Council of Europe1a.

 

_________________

 

1a Recommendation CM/Rec(2014)2 of the Committee of Ministers to Member States on the promotion of human rights of older persons.

Amendment    2

Proposal for a regulation

Recital 1 b (new)

Text proposed by the Commission

Amendment

 

(1b)  A substantial part of old age pensions is provided under public schemes, so that there is a direct connection between national pension systems and the sustainability of public finances. Notwithstanding the exclusive national competence regarding the organisation of pension systems as determined by the Treaties, income adequacy and financial sustainability of national pension systems are crucial to the stability of the Union as a whole. By channelling more of Europeans’ savings from cash and bank deposits to longer-term investment products, such as voluntary pension schemes, the impact would therefore be beneficial both for individuals (who would benefit from higher returns and improved pension adequacy) and for the broader economy.

Amendment    3

Proposal for a regulation

Recital 1 c (new)

Text proposed by the Commission

Amendment

 

(1c)  The Union is facing several challenges, including demographic challenges because of the fact that Europe is an ageing continent. In addition, career patterns, the labour market and the distribution of wealth are undergoing radical changes, not least as a result of the digital revolution. At the same time, it is increasingly clear that national security systems are not adjusted to a globalised knowledge economy with open borders, labour mobility and migration. Too many people are not, or are inadequately covered by the traditional national pension systems, including, inter alia, women, young people, migrants, low-skilled workers, self-employed workers, workers with atypical contracts.

Amendment    4

Proposal for a regulation

Recital 1 d (new)

Text proposed by the Commission

Amendment

 

(1d)  It is expected that the share of first pillar pay-as-you-go public pensions as part of the placement rate will decline. This could be partly compensated by accrued pension entitlements from second pillar-funded schemes. But a well-developed third pillar shall contribute substantially to improving the adequacy and sustainability of the existing national pension systems. The Pan-European Personal Pension Product (PEPP) shall therefore complement and strengthen the market for individual pension products across the Union.

Amendment    5

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a)  Deepening the internal market for pension products, by addressing cross-border barriers, would increase competition, enabling consumers to benefit from an improved quality of products and lower prices, while producers could benefit from economies of scale. As such, even Member States where demographic trends are favourable and whose pension systems are well funded, would benefit from a more effective internal market for personal pension products.

Amendment    6

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission

Amendment

 

(2b)  The proposal for a Regulation will enable the creation of a pension product which, as far as possible, will be simple, safe, reasonably-priced, transparent, consumer-friendly and portable EU-wide and will complement the existing systems in the Member States.

Amendment    7

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3)  Currently, the functioning of the internal market for personal pensions is impeded by the high degree of fragmentation between national markets and the limited degree of portability of personal pension products. This can result in difficulties for individuals to make use of their basic freedoms. For instance, they may be prevented from taking up a job or retiring in another Member State. In addition, the possibility for providers to use the freedom of establishment and the freedom to provide services is hampered by the lack of standardisation of existing personal pension products.

(3)  Currently, the internal market for personal pensions does not function smoothly. In some Member States there is not yet a market for pension products. In others, private pension products are available, but there is a high degree of fragmentation between national markets. As a result, personal pension products have only a limited degree of portability. This can result in difficulties for individuals to make use of their basic freedoms. For instance, they may be prevented from taking up a job or retiring in another Member State. In addition, the possibility for providers to use the freedom of establishment and the freedom to provide services is hampered by the lack of standardisation of existing personal pension products.

Amendment    8

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)  As announced in the Commission’s Action Plan on building a CMU28, in September 2015, ‘the Commission will assess the case for a policy framework to establish a successful European market for simple, efficient and competitive personal pensions, and determine whether EU legislation is required to underpin this market.’

deleted

__________________

 

28Action Plan on Building a Capital Markets Union, European Commission, 30 September 2015 (COM(2015) 468 final).

 

Amendment    9

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7)  In its conclusions of 28 June 201630, the European Council called for ‘swift and determined progress to ensure easier access to finance for business and to support investment in the real economy by moving forward with the Capital Markets Union agenda’.

deleted

__________________

 

30European Council Conclusions of 28 June 2016, EUCO 26/16, point 11.

 

Amendment    10

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)  In its Communication of 14 September 2016 Capital Markets Union – Accelerating Reform31, the Commission announced that it ‘will consider proposals for a simple, efficient and competitive EU personal pension product [..] Options under consideration include a possible legislative proposal which could be tabled in 2017.’

deleted

__________________

 

31COM(2016) 601 final, p.5.

 

Amendment    11

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9)  In its Communication Mid-Term Review of the Capital Markets Union Action Plan 32, the Commission announced ‘a legislative proposal on a pan-European Personal Pension Product (PEPP) by end June 2017. This will lay the foundations for a safer, more cost-efficient and transparent market in affordable and voluntary personal pension savings that can be managed on a pan-European scale. It will meet the needs of people wishing to enhance the adequacy of their retirement savings, address the demographical challenge, complement the existing pension products and schemes, and support the cost-efficiency of personal pensions by offering good opportunities for long-term investment of pension savings’.

deleted

__________________

 

32 COM(2017) 292 final, p.7.

 

Amendment    12

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10)  Among personal pension products, the development of a PEPP will contribute to increasing choices for retirement saving and establish an EU market for PEPP providers. It will provide households with better options to meet their retirement goals.

(10)  Among personal pension products, the development of a PEPP will contribute to increasing choices for retirement saving and establish an EU market for PEPP providers. It will provide households with additional options to meet their retirement goals.

Amendment    13

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10a)  Insecure employment arrangements and changes to the law mean that pension rates are constantly decreasing. It is therefore especially important for the young generation and people with low incomes in particular to be able to ensure their standard of living in old age. This means that PEPPs must be attractive and accessible to these groups in particular.

Amendment    14

Proposal for a regulation

Recital 10 b (new)

Text proposed by the Commission

Amendment

 

(10b)  Financial education can support the understanding and awareness of households’ saving choices in the area of voluntary personal pension schemes. Savers shall also have a fair chance to fully grasp the risks and the features related to a pan-European product.

Amendment    15

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)  A legislative framework for a PEPP will lay the foundations for a successful market in affordable and voluntary retirement-related investments that can be managed on a pan-European scale. By complementing the existing pension products and schemes, it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings, addressing the demographical challenge and providing a powerful new source of private capital for long-term investment. This framework will not replace or harmonise existing national personal pension schemes.

(11)  A legislative framework for a PEPP will lay the foundations for a successful market in affordable and voluntary retirement-related investments that can be managed on a pan-European scale. By complementing the existing statutory and occupational pension schemes and products, it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings, addressing the demographic challenge and providing a powerful new source of private capital for long-term investment. This framework will not replace or harmonise existing national personal pension schemes, nor will it affect existing national statutory and occupational pension schemes and products. The PEPP will neither directly nor indirectly be linked to the occupation or the employment status of the PEPP saver.

Amendment    16

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a)  This legislative framework must not limit any responsibility of the Member States to meet their obligations regarding the supply of a sufficient state pension.

Amendment    17

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)  The Regulation harmonises a set of core features for the PEPP, which concern key elements such as distribution, investment policy, provider switching, or cross-border provision and portability. The harmonisation of these core features will improve the level playing field for personal pension providers at large and help boost the completion of the CMU and the integration of the internal market for personal pensions. It will lead to the creation of a largely standardised pan-European product, available in all Member States, empowering consumers to make full use of the internal market by transferring their pension rights abroad and offering a broader choice between different types of providers, including in a cross-border way. As a result of fewer barriers to the provision of pension services across borders, a pan-European Personal Pension Product will increase competition between providers on a pan-European basis and create economies of scale that should benefit savers.

(12)  The Regulation harmonises a set of core features for the PEPP, which concern key elements such as distribution, contracts, investment policy, provider switching, or cross-border provision and portability. The harmonisation of these core features will improve the level playing field for personal pension providers at large and help boost the completion of the CMU and the integration of the internal market for personal pensions. It will lead to the creation of a largely standardised pan-European product, available in all Member States, empowering consumers to make full use of the internal market by transferring their pension rights abroad and offering a broader choice between different types of providers, including in a cross-border way. As a result of fewer barriers to the provision of pension services across borders, a pan-European Personal Pension Product will increase competition between providers on a pan-European basis and create economies of scale that should benefit savers.

Amendment    18

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

(13a)  EIOPA should grant authorisation of the PEPP in accordance with this regulation. An authorisation should never be granted retroactively.

Amendment    19

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14)  PEPP providers should have access to the whole Union market with one single product authorisation issued by the European Insurance and Occupational Pensions Authority ("EIOPA"), on the basis of a single set of rules.

(14)  PEPP providers should have access to the whole Union market with one single product authorisation issued by the European Insurance and Occupational Pensions Authority ("EIOPA"), on the basis of a single set of rules and in cooperation with national competent authorities. The authorisation will ensure that only safe, tested investment products described as PEPPs can be obtained on the market. The EIOPA shall check the contractual conditions of PEPPs to ensure that the requirements of this Regulation are fulfilled.

Amendment    20

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16)  In order to ensure a high quality of service and effective consumer protection, home and host Member States should closely cooperate in the enforcement of the obligations set out in this Regulation. Where PEPP providers and distributors pursue business in different Member States under the freedom to provide services, the competent authority of the home Member State should be responsible for ensuring compliance with the obligations set out in this Regulation, because of its closer links with the PEPP provider. In order to ensure fair sharing of responsibilities between the competent authorities from the home and the host Member States, if the competent authority of a host Member State becomes aware of any breaches of obligations occurring within its territory, it should inform the competent authority of the home Member State which should then be obliged to take the appropriate measures. Moreover, the competent authority of the host Member State should be entitled to intervene if the home Member State fails to take appropriate measures or if the measures taken are insufficient.

(16)  In order to ensure a high quality of service and effective consumer protection, home and host Member States of the provider and distributors of PEPPs should closely cooperate in the enforcement of the obligations set out in this Regulation. Where PEPP providers and distributors pursue business in different Member States under the freedom to provide services, the competent authority of the home Member State should be responsible for ensuring compliance with the obligations set out in this Regulation, because of its closer links with the PEPP provider. In order to ensure fair sharing of responsibilities between the competent authorities from the home and the host Member States, if the competent authority of a host Member State becomes aware of any breaches of obligations occurring within its territory, it should inform the competent authority of the home Member State which should then be obliged to take the appropriate measures. Moreover, the competent authority of the host Member State should be entitled to intervene if the home Member State fails to take appropriate measures or if the measures taken are insufficient.

Amendment    21

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17)  In the case of the establishment of a branch or a permanent presence in another Member State, it is appropriate to distribute responsibility for enforcement between home and host Member States. While responsibility for compliance with obligations affecting the business as a whole – such as the rules on professional requirements – should remain with the competent authority of the home Member State under the same regime as in the case of provision of services, the competent authority of the host Member State should assume responsibility for enforcing the rules on information requirements and conduct of business with regard to the services provided within its territory. However, where the competent authority of a host Member State becomes aware of any breaches of obligations occurring within its territory with respect to which this Directive does not confer responsibility on the host Member State, a close cooperation demands that that authority informs the competent authority of the home Member State so that the latter takes the appropriate measures. Such is the case in particular as regards breaches of the rules on good repute, professional knowledge and competence requirements. Moreover, in view of protecting consumers, the competent authority of the host Member State should be entitled to intervene if the home Member State fails to take appropriate measures or if the measures taken are insufficient.

(17)  In the case of the establishment of a branch or a permanent presence in another Member State, it is appropriate to distribute responsibility for enforcement between home and host Member States. While responsibility for compliance with obligations affecting the business as a whole – such as the rules on professional requirements – should remain with the competent authority of the home Member State under the same regime as in the case of provision of services, the competent authority of the host Member State should assume responsibility for enforcing the rules on information requirements, adverstisements and conduct of business with regard to the services provided within its territory. However, where the competent authority of a host Member State becomes aware of any breaches of obligations occurring within its territory with respect to which this Regulation does not confer responsibility on the host Member State, a close cooperation demands that that authority informs the competent authority of the home Member State so that the latter takes the appropriate measures. Such is the case in particular as regards breaches of the rules on good repute, professional knowledge and competence requirements. Moreover, in view of protecting consumers, the competent authority of the host Member State should be entitled to intervene if the home Member State fails to take appropriate measures or if the measures taken are insufficient.

Amendment    22

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission

Amendment

 

(18a)  PEPP savers should have the right to acquire or purchase a PEPP in another Member State than the MS of their residence and should have the right to simultaneously save in more than one compartment while the tax incentives applied to a PEPP product should be that of the Member State where a PEPP saver is resident, in order to prevent any tax abuse due to the different national taxation systems.

Amendment    23

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission

Amendment

 

(19a)  The withdrawal of an authorisation of a PEPP by EIOPA should not affect any obligation of the PEPP provider towards the PEPP saver or the PEPP beneficiary.

Amendment    24

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21)  In order to allow a smooth transition for PEPP providers, the obligation of providing PEPPs comprising compartments for each Member State will apply three years after the entry into force of this Regulation. However, upon launching a PEPP, the provider should provide information on which national compartments are immediately available, in order to avoid a possible misleading of consumers.

(21)  In order to allow a smooth transition for PEPP providers, the obligation of providing PEPPs comprising compartments for each Member State will apply five years after the entry into force of this Regulation. PEPP providers should be able to enter into compartment partnerships if they are to fulfil this requirement. However, upon launching a PEPP, the provider should provide, in the contract, information on which national compartments are immediately available, in order to avoid a possible misleading of consumers. Where portability is not yet available, the PEPP saver should be allowed to switch free of charge to ensure portability.

Amendment    25

Proposal for a regulation

Recital 21 a (new)

Text proposed by the Commission

Amendment

 

(21a)  When a PEPP saver moves to another Member State and uses the portability service to open a new compartment, he should benefit from equivalent fiscal advantages as local PEPP savers.

Amendment    26

Proposal for a regulation

Recital 21 b (new)

Text proposed by the Commission

Amendment

 

(21b)  Under the transitional period of five years after the entry into force of this Regulation, when the PEPP saver changes his domicile by moving to a Member State for which the PEPP provider is not able to offer a compartment, the PEPP saver shall be able to switch PEPP provider free of charge.

Amendment    27

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22)  Taking into account the nature of the pension scheme established and the administrative burden involved, PEPP providers and distributors should provide clear and adequate information to potential PEPP savers and PEPP beneficiaries to support their decision-making about their retirement. For the same reason, PEPP providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre-enrolment, membership (including pre-retirement) and post-retirement. In particular, information concerning accrued pension entitlements, projected levels of retirement benefits, risks and guarantees, and costs should be given. Where projected levels of retirement benefits are based on economic scenarios, that information should also include an unfavourable scenario, which should be extreme but plausible.

(22)  Taking into account the nature of the pension scheme established and the administrative burden involved, PEPP providers and distributors should provide clear, easy to understand, and adequate information to potential PEPP savers and PEPP beneficiaries to support their decision-making about their retirement. For the same reason, PEPP providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre-enrolment, membership (including pre-retirement) and post-retirement. In particular, information concerning accrued pension entitlements, projected levels of retirement benefits, risks and guarantees including risks relating to environmental, social and governance factors, and costs should be given. Where projected levels of retirement benefits are based on economic scenarios, that information should also include an unfavourable scenario, which should be extreme but plausible.

Amendment    28

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23)  Before joining a PEPP scheme, potential PEPP savers should be given all the necessary information to make an informed choice.

(23)  Before joining a PEPP scheme, potential PEPP savers should be given all the necessary information to make an informed choice. In the case of the default option, PEPP savers should consult a decision tree to help them make such a choice.

Amendment    29

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24)  In order to ensure optimal product transparency, PEPP manufacturers should draw up the PEPP key information document for the PEPPs that they manufacture before the product can be distributed to PEPP savers. They should also be responsible for the accuracy of the PEPP key information document. The PEPP key information document should replace and adapt the key information document for packaged retail and insurance-based investment products under Regulation (EU) No 1286/2014 of the European Parliament and of the Council33 which would not have to be provided for PEPPs.

(24)  In order to ensure optimal product transparency, PEPP manufacturers should draw up the PEPP key information document for the PEPPs that they manufacture before the product can be distributed to PEPP savers. They should also be responsible for the accuracy of the PEPP key information document.

__________________

__________________

33 Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs), OJ L 352, 9.12.2014, p. 1.

33 Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs), OJ L 352, 9.12.2014, p. 1.

Amendment    30

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27)  The details of the information to be included in the PEPP key information document in addition to elements already provided for in the key information document for packaged retail and insurance-based investment products under Regulation (EU) No 1286/2014 and the presentation of this information should be further harmonised through regulatory technical standards that complement the regulatory technical standards laid down by Commission delegated Regulation of 8 March 201734 , taking into account existing and ongoing research into consumer behaviour, including results from testing the effectiveness of different ways of presenting information with consumers.

(27)  The details of the information to be included in the PEPP key information document and the presentation of this information should be further harmonised through regulatory technical standards, taking into account existing and ongoing research into consumer behaviour, including results from testing the effectiveness of different ways of presenting information with consumers.

__________________

 

34 Commission Delegated Regulation of 8 March 2017 supplementing Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) by laying down regulatory technical standards with regard to the presentation, content, review and revision of key information documents and the conditions for fulfilling the requirement to provide such documents.

 

Amendment    31

Proposal for a regulation

Recital 27 a (new)

Text proposed by the Commission

Amendment

 

(27a)  The key information document should be made up of two parts. The first – general – part should give general information about the PEPP. The second – detailed – part should describe the information which varies between Member States, such as the retirement age.

Amendment    32

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29)  PEPP providers should draw up a Pension Benefit Statement addressed to PEPP savers, in order to present them with key personal and generic data about the PEPP scheme and to ensure continuous information on it. The Pension Benefit Statement should be clear and comprehensive and should contain relevant and appropriate information to facilitate the understanding of pension entitlements over time and across schemes and serve labour mobility.

(29)  PEPP providers should draw up a Pension Benefit Statement addressed to PEPP savers, in order to present them with key personal and generic data about the PEPP scheme and to ensure continuous information on it. The Pension Benefit Statement should be clear and comprehensive and should contain relevant and appropriate information to facilitate the understanding of pension entitlements over time and across schemes and serve labour mobility. The Pension Benefit Statement shall be provided annually to the PEPP saver.

Amendment    33

Proposal for a regulation

Recital 29 a (new)

Text proposed by the Commission

Amendment

 

(29a)  PEPP providers should draw up contribution plans and prognoses, focusing on the value of the funds, return on investment, estimated inflation and economic growth, addressed to PEPP savers.

Amendment    34

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30)  PEPP providers should inform PEPP savers sufficiently in advance before retirement about their pay-out options. Where the retirement benefit is not paid out as a lifetime annuity, members approaching retirement should receive information about the benefit payment products available, in order to facilitate financial planning for retirement.

(30)  PEPP providers should inform PEPP savers sufficiently in advance before retirement about their pay-out options. When doing so, they should also remind PEPP savers about the possibility of switching from one pay-out option to another. The default option should enable a lump sum payment of up to 30% to be made, with the remainder payable as a lifetime annuity. There should be a last reminder one year prior to retirement. Where the retirement benefit is not paid out as a lifetime annuity, members approaching retirement should receive information about the benefit payment products available, in order to facilitate financial planning for retirement.

Amendment    35

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31)  During the phase when retirement benefits are paid, PEPP beneficiaries should continue to receive information on their benefits and corresponding pay-out options. This is particularly important when a significant level of investment risk is borne by PEPP beneficiaries in the pay-out phase. PEPP beneficiaries should also be informed of any reduction in the level of benefits due, prior to the application of any such reduction, after a decision which will result in a reduction has been taken. As a matter of best practice, PEPP providers are recommended to consult PEPP beneficiaries in advance of any such decision.

(31)  During the phase when retirement benefits are paid, PEPP beneficiaries should continue to receive information on their benefits and corresponding pay-out options. This is particularly important when a significant level of investment risk is borne by PEPP beneficiaries in the pay-out phase. PEPP beneficiaries should also be informed of any reduction in the level of benefits due, prior to the application of any such reduction, after a decision which will result in a reduction has been taken. PEPP providers are recommended to consult PEPP beneficiaries in advance of any such decision.

Amendment    36

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32)  In order to protect adequately the rights of PEPP savers and PEPP beneficiaries, PEPP providers should be able to opt for an asset allocation that suits the precise nature and duration of their liabilities. Therefore, efficient supervision is required as well as an approach to investment rules that allows PEPP providers sufficient flexibility to decide on the most secure and efficient investment policy, while obliging them to act prudently. Compliance with the prudent person rule therefore requires an investment policy geared to the customers’ structure of the individual PEPP provider.

(32)  In order to protect adequately the rights of PEPP savers and PEPP beneficiaries, PEPP providers should be able to opt for an asset allocation that suits the precise nature and duration of their liabilities, including long-term liabilities. Therefore, efficient supervision is required as well as an approach to investment rules that allows PEPP providers sufficient flexibility to decide on the most secure and efficient investment policy, while obliging them to act prudently, allowing alignment with the long-term liabilities of the PEPP saver. Compliance with the prudent person rule therefore requires an investment policy geared to the customers’ structure of the individual PEPP provider.

Amendment    37

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33)  By setting the prudent person rule as the underlying principle for capital investment and making it possible for PEPP providers to operate across borders, the redirection of savings into the sector of personal retirement provision is encouraged, thereby contributing to economic and social progress.

(33)  By setting the prudent person rule as the underlying principle for capital investment and making it possible for PEPP providers to operate across borders, the redirection of savings into the sector of personal retirement provision is encouraged, thereby contributing to economic and social progress. The prudent person rule shall also take into consideration the role played by environmental, social and governance factors in the investment process.

Amendment    38

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36)  Environmental, social and governance factors, as referred to in the United Nations-supported Principles for Responsible Investment, are important for the investment policy and risk management systems of PEPP providers. PEPP providers should be encouraged to consider such factors in investment decisions and to take into account how they form part of their risk management system.

(36)  Environmental, social and governance factors, as referred to in the United Nations-supported Principles for Responsible Investment, are important for the investment policy and risk management systems of PEPP providers. PEPP providers should be encouraged to consider such factors in investment decisions and to take into account how they form part of their risk management system. This risk assessment should also be made available to EIOPA and to the competent authorities as well as to PEPP savers.

Amendment    39

Proposal for a regulation

Recital 38 a (new)

Text proposed by the Commission

Amendment

 

(38a)  If a provider cannot offer a particular investment option because it cannot provide that option or cannot provide it only in one Member State, it should be able to offer the option in the context of a product partnership.

Amendment    40

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39)  The default investment option should allow the PEPP saver to recoup the invested capital. The PEPP providers could in addition include an inflation indexation mechanism to at least partly cover inflation.

(39)  The default investment option should allow the PEPP saver to recoup the real invested capital before the accumulated fees and costs are reduced and after accounting for inflation.

Amendment    41

Proposal for a regulation

Recital 39 a (new)

Text proposed by the Commission

Amendment

 

(39a)  In cases of justified reasons, such as in cases of proven negligence, breaches of law or tax avoidance, or when an authorisation of a PEPP is withdrawn, PEPP savers should be able to switch providers any time and free of charge without being charged or locked-up in a contract.

Amendment    42

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(42)  Transparency of costs and fees is essential to develop PEPP savers’ trust and allow them to make informed choices. Accordingly, the use of non-transparent pricing methods should be prohibited.

(42)  Transparency and fairness of costs and fees are essential to develop PEPP savers’ trust and allow them to make informed choices. Accordingly, the use of non-transparent pricing methods should be prohibited.

Amendment    43

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44)  The Commission should adopt draft implementing technical standards developed by the ESAs, through the Joint Committee, with regard to the presentation and the content of specific elements the PEPP key information document not covered by the [PRIIPs KID RTS] in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council35, of Regulation (EU) No 1094/2010 of the European Parliament and of the Council36 and of Regulation (EU) No 1095/2010 of the European Parliament and of the Council37. The Commission should complement the technical work of the ESAs by conducting consumer tests of the presentation of the key information document as proposed by the ESAs.

deleted

__________________

 

35Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

 

36 Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).

 

37 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).

 

Amendment    44

Proposal for a regulation

Recital 46 a (new)

Text proposed by the Commission

Amendment

 

(46a)  Qualified entities should be entitled to seek representative actions aimed at the protection of the collective interests of PEPP savers and PEPP beneficiaries in accordance with the EU law.

Amendment    45

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47)  In order to find better conditions for their investments, thus also stimulating the competition among PEPP providers, PEPP savers should have the right to switch providers during the accumulation and the decumulation phases, through a clear, quick and safe procedure.

(47)  In order to find better conditions for their investments, thus also stimulating the competition among PEPP providers, PEPP savers should have the right to switch providers during the accumulation and the decumulation phases, through a clear, quick and safe procedure. In connection with the default option, this should be possible only during the accumulation phase because, for consumer protection reasons, the aim is to ensure reliable annuities and switching may have a negative financial impact.

Amendment    46

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48)  The switching process should be straightforward for the PEPP saver. Accordingly, the receiving PEPP provider should be responsible for initiating and managing the process on behalf of the PEPP saver. PEPP providers should be able to use additional means, such as a technical solution, on a voluntary basis when establishing the switching service.

(48)  The switching process should be straightforward for the PEPP saver. Accordingly, the receiving PEPP provider should be responsible for initiating and managing the process on behalf of the PEPP saver upon his request. PEPP providers should be able to use additional means, such as a technical solution, on a voluntary basis when establishing the switching service.

Amendment    47

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49)  Before giving the authorisation for switching, the PEPP saver should be informed of all the steps of the procedure necessary to complete the switching.

(49)  Before giving the authorisation for switching, the PEPP saver should be informed of all the steps of the procedure and costs necessary to complete the switching, in order to enable the PEPP saver to make an informed decision about the switching service.

Amendment    48

Proposal for a regulation

Recital 51 a (new)

Text proposed by the Commission

Amendment

 

(51a)  PEPP savers, in case of switching should be informed of the potential loss of tax incentives and other financial consequences in case of switching and transfer of assets to a PEPP provider subject to different tax incentives regimes; the competent authorities, as part of the process of facilitating switching and transfer of assets in case of PEPP withdrawal, should in such case inform the PEPP savers about the availability of alternative PEPP providers and alternative PEPP products that would benefit from similar or comparable tax incentives, to minimise financial losses.

Amendment    49

Proposal for a regulation

Recital 53

Text proposed by the Commission

Amendment

(53)  PEPP savers should be given the freedom to decide upon subscription of a PEPP about their pay-out choice (annuities, lump sum, or other) in the decumulation phase, but with a possibility to revise their choice once every five years thereafter, in order to be able to best adapt their pay-out choice to their needs when they near retirement.

(53)  PEPP savers should be given the freedom to decide upon subscription of a PEPP about their pay-out choice (periodic pension payments, lump sum, or other) in the decumulation phase, but with a possibility to revise their choice once every five years thereafter, in order to be able to best adapt their pay-out choice to their needs when they near retirement.

Amendment    50

Proposal for a regulation

Recital 54

Text proposed by the Commission

Amendment

(54)  PEPP providers should be allowed to make available to PEPP savers a wide range of decumulation options. This approach would achieve the goal of enhanced take-up of the PEPP through increased flexibility and choice for PEPP savers. It would allow providers to design their PEPPs in the most cost-effective way. It is coherent with other EU policies and politically feasible, as it preserves enough flexibility for Member States to decide about which decumulation options they wish to encourage.

(54)  PEPP providers should be allowed to make available to PEPP savers a sufficient range of decumulation options during the decumulation phase. This approach would achieve the goal of enhanced take-up of the PEPP through increased flexibility and choice for PEPP savers. It would allow providers to design their PEPPs in the most cost-effective way. It is coherent with other EU policies and politically feasible, as it preserves enough flexibility for Member States to decide about which decumulation options they wish to encourage.

Amendment    51

Proposal for a regulation

Recital 54 a (new)

Text proposed by the Commission

Amendment

 

(54a)  Under the default option, a fixed amount of 70 % of out-payments in form of annuities should be mandatory.

Amendment    52

Proposal for a regulation

Recital 66

Text proposed by the Commission

Amendment

(66)  Any processing of personal data carried out within the framework of this Regulation, such as the exchange or transmission of personal data by the competent authorities should be undertaken in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council39 and any exchange or transmission of information by the ESAs should be undertaken in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council40.

(66)  Any processing of personal data carried out within the framework of this Regulation, such as the exchange or transmission of personal data by the competent authorities, the storage of personal data in the central register held by EIOPA, the processing of personal data by PEPP providers or PEPP distributors should be undertaken in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council39, Directive (EU)2016/680 of the European Parliament and of the Council39a and a Regulation on the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications). Any exchange or transmission of information by the ESAs should be undertaken in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council40.

_________________

_________________

39 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

39 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

 

39a Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

40 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

40 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

Amendment    53

Proposal for a regulation

Recital 66 a (new)

Text proposed by the Commission

Amendment

 

(66a)  Given the sensitivity of personal financial data, strong data protection is of the utmost importance. Therefore it is recommended that data protection authorities are closely involved in the implementation and supervision of this Regulation.

Amendment    54

Proposal for a regulation

Recital 70 a (new)

Text proposed by the Commission

Amendment

 

(70a)  Given the possible long term implications of this Regulation, it is essential to closely monitor the developments during the initial phase of application. When carrying out the evaluation the Commission should also reflect the experiences of EIOPA, stakeholders and experts, and report to the European Parliament and the Council any observations it might have.

Amendment    55

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Regulation lays down uniform rules on the authorisation, manufacturing, distribution and supervision of personal pension products that are distributed in the Union under the designation "pan-European Personal Pension product" or "PEPP".

This Regulation lays down uniform rules on the authorisation, its withdrawal, manufacturing,distribution and supervision of personal pension products that are distributed in the Union under the designation "pan-European Personal Pension product" or "PEPP".

Amendment    56

Proposal for a regulation

Article 2 – paragraph 1 – point 1 – point c

Text proposed by the Commission

Amendment

(c)  provides for capital accumulation until retirement with only limited possibilities for early withdrawal before retirement;

(c)  provides for capital accumulation until retirement;

Justification

Because of what PEPPs are, accumulation until retirement should be mandatory irrespective of investment option.

Amendment    57

Proposal for a regulation

Article 2 – paragraph 1 – point 1 – point d

Text proposed by the Commission

Amendment

(d)  provides an income on retirement;

(d)  provides a retirement benefit on retirement;

Justification

Brought into line with point 9.

Amendment    58

Proposal for a regulation

Article 2 – paragraph 1 – point 2

Text proposed by the Commission

Amendment

(2)  “pan-European Personal Pension Product (PEPP)” means a long-term savings personal pension product, which is provided under an agreed PEPP scheme by a regulated financial undertaking authorised under Union law to manage collective or individual investments or savings, and subscribed to voluntarily by an individual PEPP saver in view of retirement, with no or strictly limited redeemability;

(2)  “pan-European Personal Pension Product (PEPP)” means a long-term savings personal pension product, which is provided under an agreed PEPP scheme by a financial undertaking as listed in Article 5, authorised under Union law to manage collective or individual investments or savings, and subscribed to voluntarily by an individual PEPP saver in view of retirement, with no or strictly limited redeemability;

Amendment    59

Proposal for a regulation

Article 2 – paragraph 1 – point 3 – introductory part

Text proposed by the Commission

Amendment

3.  ‘PEPP saver’ means:

3.  ‘PEPP saver’ means a natural person who contracts a PEPP with a PEPP provider or distributor;

Amendment    60

Proposal for a regulation

Article 2 – paragraph 1 – point 3 – point a

Text proposed by the Commission

Amendment

(a)  a retail client as defined in point (11) of Article 4(1) of Directive 2014/65/EU of the European Parliament and of the Council41;

deleted

__________________

 

41 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173 12.6.2014, p. 349).

 

Amendment    61

Proposal for a regulation

Article 2 – paragraph 1 – point 3 – point b

Text proposed by the Commission

Amendment

(b)  a customer within the meaning of Directive 2002/92/EC of the European Parliament and of the Council42, where that customer would not qualify as a professional client as defined in point (10) of Article 4(1) of Directive 2014/65/EU;

deleted

__________________

 

42 Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation (OJ L 9 15.1.2003, p. 3).

 

Amendment    62

Proposal for a regulation

Article 2 – paragraph 1 – point 10

Text proposed by the Commission

Amendment

(10)  ‘accumulation phase’ means the period during which assets (in-payments) are accumulated in a PEPP account and normally runs until the age of retirement of the PEPP beneficiary;

(10)  ‘accumulation phase’ means the period during which assets (in-payments) are accumulated in a PEPP account and normally runs until the PEPP decumulation phase begins;

Justification

Cf. justification relating to Article 2(1)(c).

Amendment    63

Proposal for a regulation

Article 2 – paragraph 1 – point 12

Text proposed by the Commission

Amendment

(12)  ‘annuity’ means a sum payable at specific intervals over a period, such as the PEPP beneficiary’s life or a certain number of years, in return for an investment;

(12)  ‘annuity’ means a sum payable at specific intervals over the PEPP beneficiary’s life in return for an investment;

Justification

The purpose of a pension is to provide an old-age benefit and protection against old-age poverty. There should therefore be lifelong payment.

Amendment    64

Proposal for a regulation

Article 2 – paragraph 1 – point 12 a (new)

Text proposed by the Commission

Amendment

 

(12a)  ‘lump sum’ means the payment of the accumulated capital at the end of the accumulation phase;

Amendment    65

Proposal for a regulation

Article 2 – paragraph 1 – point 20

Text proposed by the Commission

Amendment

(20)  ‘compartment’ means a section which is opened within each individual PEPP account and which corresponds to the legal requirements and conditions for using incentives fixed at national level for investing in a PEPP by the Member State of the PEPP saver’s domicile. Accordingly, an individual may be a PEPP saver or a PEPP beneficiary in each compartment, depending on the respective legal requirements for the accumulation and decumulation phases;

(20)  ‘compartment’ means a national section which is opened within each individual PEPP account and which corresponds to the legal requirements and conditions for using incentives fixed at national level for investing in a PEPP by the Member State of the PEPP saver’s domicile. Accordingly, an individual may be a PEPP saver or a PEPP beneficiary in each compartment, depending on the respective legal requirements for the accumulation and decumulation phases;

Justification

For clarification.

Amendment    66

Proposal for a regulation

Article 2 – paragraph 1 – point 21

Text proposed by the Commission

Amendment

(21)  ‘capital’ means aggregate capital contributions and uncalled committed capital, calculated on the basis of amounts investible after deduction of all fees, charges and expenses that are directly or indirectly borne by investors;

(21)  ‘capital’ means aggregate capital contributions and uncalled committed capital, calculated on the basis of amounts investible before deduction of all fees, charges and expenses that are directly or indirectly borne by investors;

Justification

The purpose of the amendment is to preserve capital.

Amendment    67

Proposal for a regulation

Article 2 – paragraph 1 – point 21 a (new)

Text proposed by the Commission

Amendment

 

(21a)  “capital protection” means a guarantee for accumulated capital invested before deduction of fees, charges and expenses and after inflation is accounted for;

Amendment    68

Proposal for a regulation

Article 2 – paragraph 1 – point 24

Text proposed by the Commission

Amendment

(24)  "default investment option" means an investment strategy applied when the PEPP saver has not provided instructions on how to invest the funds accumulating in his PEPP account;

(24)  "default option" means a pension product which every provider must offer in accordance with an investment strategy set out in Article 37;

Amendment    69

Proposal for a regulation

Article 2 – paragraph 1 – point 25 a (new)

Text proposed by the Commission

Amendment

 

(25a)  ‘biometric risks’ means risks linked to longevity, disability or death;

Justification

As a PEPP can cover biometric risks, too, there ought to be a standard definition for them.

Amendment    70

Proposal for a regulation

Article 2 – paragraph 1 – point 28 a (new)

Text proposed by the Commission

Amendment

 

(28a)  ‘compartment partnership’ means a collaboration between several PEPP providers in order to provide compartments in all Member States;

Amendment    71

Proposal for a regulation

Article 2 – paragraph 1 – point 28 b (new)

Text proposed by the Commission

Amendment

 

(28b)  ‘product partnership’ means a collaboration between PEPP providers that is necessary if a provider cannot provide an investment option or cannot provide it in a particular Member State;

Amendment    72

Proposal for a regulation

Article 5 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f)  alternative investment fund ("AIF") managers authorised in accordance with Directive 2011/61/EU of the European Parliament and of the Council47 .

deleted

__________________

 

47 Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1).

 

Amendment    73

Proposal for a regulation

Article 5 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  information on the identity of the applicant and its current and previous financial experience and history;

(b)  information on the identity of the applicant including full name, location, number of entry in the national commercial register, and its share capital, and current and previous financial experience and history;

Amendment    74

Proposal for a regulation

Article 5 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c)  the identity of the persons who effectively conduct the business of manufacturing and/or distributing the PEPP;

deleted

Amendment    75

Proposal for a regulation

Article 5 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e)  information about the investment strategies, the risk profile and other characteristics of the PEPP;

(e)  information about the investment strategies, the risk profile and other characteristics of the PEPP, including the role played by environmental, social and governance factors in the investment process, as well as, the long-term impact and the externalities of the investment decisions;

Amendment    76

Proposal for a regulation

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3.  EIOPA may request clarification and additional information as regards the documentation and information provided under paragraph 1.

3.  EIOPA may request from the financial undertakings as defined in paragraph 1 clarification and additional information as regards the documentation and information provided under paragraph 1.

Amendment    77

Proposal for a regulation

Article 5 – paragraph 4

Text proposed by the Commission

Amendment

4.  EIOPA may ask the competent authority of the financial undertaking applying for the authorisation for clarification and information as regards the documentation referred to in paragraph 2. The competent authority shall reply to the request within 10 working days from the date on which it has received the request submitted by EIOPA.

4.  EIOPA shall inform the competent national authority about the application for authorisation of a PEPP. EIOPA may ask the competent authority of the financial undertaking applying for the authorisation for clarification and information as regards the documentation referred to in paragraph 2. The competent authority shall reply to the request within 10 working days from the date on which it has received the request submitted by EIOPA.

Amendment    78

Proposal for a regulation

Article 5 – paragraph 5

Text proposed by the Commission

Amendment

5.  Any subsequent modifications to the documentation and information referred to in paragraphs 1 and 2 shall be immediately notified to EIOPA.

5.  Any subsequent modifications to the documentation and information referred to in paragraphs 1 and 2 shall be immediately notified to EIOPA by financial untertakings.

Amendment    79

Proposal for a regulation

Article 6 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(da)  the proposed PEPP is based on an investment strategy that states to what extent environmental, social and governance factors are included in the proposed provider’s risk management system.

Amendment    80

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2.  Before taking a decision on the application, EIOPA shall consult the competent authority of the applicant.

2.  Before taking a decision on the application, EIOPA shall consult the competent national authority of the applicant. The competent national authority may submit an objection regarding an applicant, in such case the competent authority shall state reasons for objection, which shall be taken into account by EIOPA .

Amendment    81

Proposal for a regulation

Article 6 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a.  In case of withdrawal of a PEPP authorisation by EIOPA, EIOPA shall immediately inform the competent national authority thereof; and the EIOPA, together with Member States’ competent national authorities, shall coordinate and facilitate switching and the transfer of assets in accordance with the Chapter VII of this Regulation, and national competent authorities shall immediately inform the PEPP savers of the consequences of the withdrawal; in case of withdrawal of PEPP authorisation, the PEPP savers shall be entitled to switch the PEPP provider free of charge, irrespective of the switching frequency as referred in Article 48.

 

If the PEPP saver doesn’t take advantage of the switching service as referred to in paragraph 4a, the PEPP saver shall be entitled to terminate the PEPP contract free of any charge by an unequivocal statement setting out his or her decision to terminate the contract in case of a withdrawal of PEPP by EIOPA. The PEPP provider shall reimburse to the PEPP saver all sums received and all additional accumulated assets without undue delay.

Amendment    82

Proposal for a regulation

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5.  EIOPA shall, on a quarterly basis, inform the competent authorities of the financial undertakings listed in Article 5(1) of decisions to grant, refuse or withdraw authorisations pursuant to this Regulation.

5.  EIOPA shall, without delay, inform the competent authorities of the financial undertakings listed in Article 5(1) of decisions to grant, refuse or withdraw authorisations pursuant to this Regulation.

Amendment    83

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2.  Existing personal pension products may be converted into "PEPPs" following authorisation by EIOPA.

2.  Existing personal pension products may be converted into "PEPPs" following authorisation by EIOPA. In such cases, the customer’s consent to conversion shall be required.

Amendment    84

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1.  Financial undertakings referred to in Article 5(1) may distribute PEPPs which they have not manufactured upon receiving authorisation for distribution by the competent authorities of their home Member State.

1.  Financial undertakings referred to in Article 5(1) may distribute PEPPs which they have not manufactured, provided that that activity has been authorised under the applicable sectorial rules. The competent authorities shall inform EIOPA about any authorisation or any refusal to grant authorisation.

Amendment    85

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

EIOPA shall keep a central public register identifying each PEPP authorised under this Regulation, the provider of this PEPP and the competent authority of the PEPP provider. The register shall be made publicly available in electronic format.

EIOPA shall keep a central public register identifying each PEPP authorised under this Regulation, with information regarding the available national compartments and compartment partnerships of each PEPP, the provider and distributor of this PEPP and the competent authority of the PEPP provider or distributor. The register shall be made publicly available in electronic format.

Amendment    86

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1.  The portability service allows PEPP savers to continue contributing to the PEPP which they have already contracted with its provider, while changing their domicile by moving to another Member State.

1.  The portability service allows PEPP savers to continue contributing to the PEPP which they have already contracted with its provider, while changing their domicile by moving to another Member State and shall have the right to simultaneously save in more than one compartment, by either opening a new additional compartment and keeping the existing one, or by opening a new compartment while closing the existing one.

Amendment    87

Proposal for a regulation

Article 12 – paragraph 2

Text proposed by the Commission

Amendment

2.  In case of using the portability service, PEPP savers are entitled to retain all advantages and incentives granted by the PEPP provider and connected with continuous investment in the same PEPP.

2.  In case of using the portability service, PEPP savers are entitled to retain all advantages and incentives granted by the PEPP provider and connected with continuous investment in its PEPP.

Amendment    88

Proposal for a regulation

Article 13 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The portability in another compartments shall be provided either by the PEPP provider or under a compartment partnership.

Amendment    89

Proposal for a regulation

Article 13 – paragraph 3

Text proposed by the Commission

Amendment

3.  Three years at the latest after the entry into application of this Regulation, each PEPP shall offer national compartments for all Member States upon request addressed to the PEPP provider.

3.  Five years at the latest after the entry into application of this Regulation, each PEPP shall offer national compartments for all Member States upon request addressed to the PEPP provider.

Amendment    90

Proposal for a regulation

Article 13 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.  During the transitional period as referred to in paragraph 3, PEPP savers shall be able to switch PEPP provider free of charge, if they move to a Member State where there is not yet a compartment for their PEPP.

Amendment    91

Proposal for a regulation

Article 14 a (new)

Text proposed by the Commission

Amendment

 

Article 14a

 

Compartment Partnerships between authorised PEPP providers for the provision of national compartments

 

1.  PEPP providers, as listed in Article 5, may form compartment partnerships for the provision of national compartments in order to fulfil the obligations laid down in Article 13.

 

2.  EIOPA shall be informed about compartment partnership agreements between PEPP providers.

Amendment    92

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1.  Without prejudice to the deadline under Article 13(3), immediately after being informed about the PEPP saver's intention to exercise his right of mobility between Member States, the PEPP provider shall inform the PEPP saver about the possibility to open a new compartment within the PEPP saver's individual account and about the deadline within which such compartment could be opened.

1.  Without prejudice to the deadline under Article 13(3), immediately after being informed about the PEPP saver's intention to exercise his right of mobility between Member States, the PEPP provider shall inform the PEPP saver about the possibility to open, free of charge, a new additional compartment within the PEPP saver's PEPP account, while keeping the existing compartment, and about the deadline within which such compartment could be opened for the PEPP saver.

Amendment    93

Proposal for a regulation

Article 15 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  the date from which the investments should be directed to the newly-opened compartment;

(b)  in case of transferral the date from which all deposits made should be directed to the newly-opened compartment;

Amendment    94

Proposal for a regulation

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

3.  Not later than three months following the reception of the request under paragraph 2, the PEPP provider shall provide the PEPP saver with complete information free of charge and advice under Chapter IV, Sections II and III regarding the conditions applicable to the new compartment.

3.  Not later than one month following the reception of the request under paragraph 2, the PEPP provider shall provide the PEPP saver with complete information and advice free of charge under Chapter IV, Sections II and III regarding the conditions applicable to the new compartment.

Amendment    95

Proposal for a regulation

Article 16 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  Immediately after receipt of the application for transfer of the deposits made, the PEPP provider shall inform the PEPP saver about all implications of this asset-transfer and on applicable transfer taxes, fees and charges and of the financial consequences of keeping the existing compartment.

Amendment    96

Proposal for a regulation

Article 17 – title

Text proposed by the Commission

Amendment

Provision of information on portability to the national authorities

Provision of information on portability to the competent national authorities

Amendment    97

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1.  All contractual arrangements for providing the portability service shall be notified by the PEPP provider to the respective national authority exercising prudential supervision over it.

1.  All contractual arrangements for providing the portability service shall be notified by the PEPP provider to EIOPA.

Amendment    98

Proposal for a regulation

Article 17 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  The information under paragraph 1 shall be filed electronically in a central database held with the national supervisory authority within one month of opening the new compartment and shall contain at least:

2.  The information under paragraph 1 shall be filed electronically in the central public register held with EIOPA within one month of opening the new compartment. The central public register shall be accessible to the national competent authorities, who shall automatically receive information concerning the local compartments in the case of any changes, as well as details of any existing or new compartment partnership arrangements between providers. The central public register shall contain at least:

Amendment    99

Proposal for a regulation

Article 19 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

For the distribution of PEPPs, the different types of PEPP providers and distributors shall comply with the following rules:

For the distribution of PEPPs, the different types of PEPP providers and distributors shall comply with the following rules in this Chapter:

Amendment    100

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

All documents and information under this Chapter shall be provided to PEPP customers electronically, provided that the PEPP customer is enabled to store such information in a way accessible for future reference and for a period of time adequate for the purposes of the information and that the tool allows the unchanged reproduction of the information stored. Upon request, PEPP providers and distributors shall provide free of charge those documents and information also on another durable medium.

All documents and information under this Chapter shall be posted in easily accessible form on a PEPP provider’s website and provided free of charge to PEPP customers through a format of their choice, either electronically provided that the PEPP customer is enabled to store such information in a way accessible for future reference and for a period of time adequate for the purposes of the information and that the tool allows the unchanged reproduction of the information stored, or in writing.

Amendment    101

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

The product approval process shall specify an identified target market for each PEPP, ensure that all relevant risks to such identified target market are assessed and that the intended distribution strategy is consistent with the identified target market, and take reasonable steps to ensure that the PEPP is distributed to the identified target market.

deleted

Amendment    102

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 4

Text proposed by the Commission

Amendment

The PEPP provider shall understand and regularly review the PEPPs it provides, taking into account any event that could materially affect the potential risk to the identified target market, to assess at least whether the PEPPs remain consistent with the needs of the identified target market and whether the intended distribution strategy remains appropriate.

deleted

Amendment    103

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 5

Text proposed by the Commission

Amendment

PEPP providers shall make available to PEPP distributors all appropriate information on the PEPP and the product approval process, including the identified target market of the PEPP.

PEPP providers shall make available to PEPP distributors all appropriate information on the PEPP and the product approval process.

Amendment    104

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 6

Text proposed by the Commission

Amendment

PEPP distributors shall have in place adequate arrangements to obtain the information referred to in the fifth subparagraph and to understand the characteristics and identified target market of each PEPP.

PEPP distributors shall have in place adequate arrangements to obtain the information referred to in the fifth subparagraph.

Amendment    105

Proposal for a regulation

Chapter 4 – section 2 – title

Text proposed by the Commission

Amendment

PRE-CONTRACTUAL INFORMATION

ADVERTISING AND PRE-CONTRACTUAL INFORMATION

Amendment    106

Proposal for a regulation

Article 23 – title

Text proposed by the Commission

Amendment

PEPP key information document

General provisions on the PEPP key information document

Justification

As a result of the reference - in Article 23(2) - to Articles 5(2) and 8 to 18 of Regulation (EU) No 1286/2014, there is legal uncertainty. The provisions on advertising and pre-contractual information should preferably be laid down directly in the regulation.

Amendment    107

Proposal for a regulation

Article 23 – paragraph 2

Text proposed by the Commission

Amendment

2.  PEPP providers and PEPP distributors shall comply with Articles 5(2), and 6 to 18 of Regulation (EU) No 1286/2014.

deleted

Amendment    108

Proposal for a regulation

Article 23 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  Any Member State may require the ex-ante notification of the key information document by the PEPP provider or the person offering a PEPP to the competent authority for PEPPs marketed in that Member State.

Amendment    109

Proposal for a regulation

Article 23 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b.  The key information document shall constitute pre-contractual information. It shall be accurate, fair, clear and not misleading. It shall provide key information and shall be consistent with any binding contractual documents, with the relevant parts of the offer documents and with the terms and conditions of the PEPP.

Amendment    110

Proposal for a regulation

Article 23 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

 

2c.  It shall be provided free of charge to PEPP savers a sufficient time before the conclusion of a PEPP contract.

Amendment    111

Proposal for a regulation

Article 23 – paragraph 2 d (new)

Text proposed by the Commission

Amendment

 

2d.  The key information document shall be a stand-alone document, clearly separate from marketing materials. It shall not contain cross-references to marketing material. It may contain cross-references to other documents including a prospectus where applicable, and only where the cross-reference is related to the information required to be included in the PEPP key information document by this Regulation.

Amendment    112

Proposal for a regulation

Article 23 – paragraph 2 e (new)

Text proposed by the Commission

Amendment

 

2e.  Each key information document shall contain one investment option.

Amendment    113

Proposal for a regulation

Article 23 – paragraph 2 f (new)

Text proposed by the Commission

Amendment

 

2f.  The PEPP key information document shall be drawn up as a short document written in a concise manner and shall consist of a maximum of three sides of A4-sized paper when printed, which promotes comparability, and, when delivered using a durable medium other than paper, may be layered to consider the practicality of the PEPP key information document. The key information document shall:

 

(a)  be presented and laid out in a way that is easy to read, using characters of readable size;

 

(b)  focus on the key information that PEPP savers need;

 

(c)  be clearly expressed and written in language and a style that communicate in a way that facilitates the understanding of the information, in particular, in language that is clear, succinct and comprehensible.

Amendment    114

Proposal for a regulation

Article 23 – paragraph 2 g (new)

Text proposed by the Commission

Amendment

 

2g.  Where colours are used in the key information document, they shall not diminish the comprehensibility of the information if the key information document is printed or photocopied in black and white.

Amendment    115

Proposal for a regulation

Article 23 – paragraph 2 h (new)

Text proposed by the Commission

Amendment

 

2h.  Where the corporate branding or logo of the PEPP manufacturer or the group to which it belongs is used in the key information document, it shall not distract from the information contained in the document or obscure the text.

Amendment    116

Proposal for a regulation

Article 23 – paragraph 3

Text proposed by the Commission

Amendment

3.  In addition to the information set out in Article 8(3)(c) of Regulation (EU) No 1286/2014, the section titled “What is this product?” shall contain the following information:

deleted

(i)  a description of the retirement benefits and the extent to which they are guaranteed;

 

(ii)  any minimum or maximum period for belonging to the PEPP scheme;

 

(iii)  the retirement age;

 

(iv)  general information on the portability service, including information on the compartments;

 

(v)  general information on the switching service, and a reference to the specific information about the switching service available under Article 50;

 

(vi)  available information related to the performance of the investment policy in terms of environmental, social and governance factors;

 

(vii)  the law applicable to the PEPP contract where the parties do not have a free choice of law or, where the parties are free to choose the applicable law, the law that the PEPP provider proposes to choose.

 

Amendment    117

Proposal for a regulation

Article 23 – paragraph 4

Text proposed by the Commission

Amendment

4.  In addition to the PEPP key information document, PEPP providers and PEPP distributors shall provide potential PEPP savers with references to any reports on the solvency and financial condition of the PEPP provider, allowing them easy access to this information.

4.  In addition to the PEPP key information document, PEPP providers and PEPP distributors shall provide potential PEPP savers with references to any reports on the solvency and financial condition of the PEPP provider, allowing them easy access to this information free of charge.

Amendment    118

Proposal for a regulation

Article 23 – paragraph 5

Text proposed by the Commission

Amendment

5.  Potential PEPP savers shall also be provided with information on the past performance of investments related to the PEPP scheme covering a minimum of five years, or, where the scheme has been operating for fewer than five years, covering all the years that the scheme has been operating, as well as with information on the structure of costs borne by PEPP savers and PEPP beneficiaries.

5.  Potential PEPP savers shall also be provided with information on the past performance of investments related to the PEPP scheme covering a minimum of ten years, or, where the scheme has been operating for fewer than ten years, covering all the years that the scheme has been operating, as well as with information on the structure of costs borne by PEPP savers and PEPP beneficiaries free of charge.

Amendment    119

Proposal for a regulation

Article 23 a (new)

Text proposed by the Commission

Amendment

 

Article 23a

 

Advertising

 

Marketing communications shall be clearly recognisable as such. Marketing communications that contain specific information relating to the PEPP shall not include any statement that contradicts the information contained in the key information document or diminishes the significance of the key information document. Marketing communications shall indicate that a key information document is available and supply information on how and from where to obtain it, including the PEPP provider’s website.

Amendment    120

Proposal for a regulation

Article 23 b (new)

Text proposed by the Commission

Amendment

 

Article 23 b

 

Language requirements for the key information document

 

1.  The key information document shall be drawn up in one or more official languages of the Member State in which the PEPP is marketed.

 

2.  If a PEPP is promoted in a Member State through marketing documents drawn up in one or more official languages of that Member State, the key information document shall at least be drawn up in the corresponding official languages.

 

3.  The PEPP key information document shall be made available upon request in an appropriate format to PEPP savers with a visual or hearing impairment as well as for low literate and illiterate PEPP savers.

Amendment    121

Proposal for a regulation

Article 23 c (new)

Text proposed by the Commission

Amendment

 

Article 23 c

 

Form and content of the key information document

 

1.  The title 'Key Information Document' shall appear prominently at the top of the first page of the key information document. The key information document shall be presented in the sequence laid down in paragraphs 2 and 3.

 

2.  An explanatory statement shall appear directly underneath the title of the key information document. ‘This document provides you with key information about this pension product. It is not marketing material. The information is required by law to help you understand the nature, risks, costs, potential gains and losses of this product and to help you compare it with other products'.

 

3.  The key information document shall consists of two parts. The first general part shall describe the general PEPP information. The second special part shall describe the information, which varies between Member States.

 

4.  The key information document shall contain the following general information:

 

(a)   at the beginning of the document, the name of the PEPP and whether it is a default option, the identity and contact details of the PEPP manufacturer, information about the competent authority of the PEPP manufacturer and the date of the document;

 

(b)   if it is not the standard product, a warning with the following wording: ‘You are about to purchase a product that is not simple and may be difficult to understand.’;

 

(c)   under a section titled ‘What is this product and what happens when I retire?’, the nature and main features of the PEPP, including:

 

(i)  the investment option, including the default option;

 

(ii)  where the PEPP offers insurance benefits, details of those insurance benefits, including the circumstances that would trigger them;

 

(iii)  a description of the retirement benefits and the extent to which they are guaranteed;

 

(iv)  information about existing tax incentives or other benefits;

 

(v)  where applicable, whether there is a cooling off period or cancellation period for the PEPP;

 

(vi)  any minimum or maximum period for belonging to the PEPP scheme;

 

(vii)  the statuatory retirement age of the Member State which law is applicable;

 

(viii)  a description of decumulation options and the right to change chosen form of out-payments until the beginning of the decumulation phase;

 

(ix)  information on the portability service, including information on the compartments;

 

(x)  information on the switching service, and a reference to the specific information about the switching service available under Article 50;

 

(xi)  information related to the performance of the investment policy in terms of environmental, social and governance factors;

 

(xii)  under a section titled ‘What are the risks and what could I get in return?’, a brief description of the risk-reward profile comprising the following elements:

 

-  a summary risk indicator, supplemented by a narrative explanation of that indicator, its main limitations and a narrative explanation of the risks which are materially relevant to the PEPP and which are not adequately captured by the summary risk indicator;

 

-  the possible maximum loss of invested capital, including, information on:

 

•  whether the PEPP saver can lose all invested capital, or

 

•  whether the PEPP saver bears the risk of incurring additional financial commitments or obligations, including contingent liabilities in addition to the capital invested in the PEPP, and

 

•  where applicable, whether the PEPP includes capital protection against market risk, and the details of its cover and limitations, in particular with respect to the timing of when it applies;

 

-  appropriate performance scenarios, and the assumptions made to produce them;

 

-  where applicable, information on conditions for returns to PEPP savers or built-in performance caps;

 

-  a statement that the tax legislation of the PEPP saver’s home Member State may have an impact on the actual payout;

 

(xiii)  under the title ‘What are the costs?’, the costs associated with an investment in the PEPP, comprising both direct and indirect costs, including one-off and recurring costs, presented by means of summary indicators of these costs and, to ensure comparability, total aggregate costs expressed in monetary and percentage terms, to show the compound effects of the total costs on the investment.

 

(xiv)  a clear indication that advisors, distributors or any other person advising on, or selling, the PEPP will provide information detailing any cost of distribution that is not already included in the costs specified above, so as to enable the PEPP saver to understand the cumulative effect that these aggregate costs have on the return of the investment;

 

(xv)  details of the forms of payment and the payout phase;

 

(xvi)  an indication that a change in the form of payment may have an impact on tax incentives or benefits;

 

(xvii)  under a section titled ‘How can I complain?’, information about how and to whom a PEPP saver can make a complaint about the product or the conduct of the PEPP provider or a person advising on, or selling, the product;

 

(xviii)  under a section titled ‘Other relevant information’, a brief indication of any additional information documents to be provided to the PEPP saver at the pre-contractual and/or the post-contractual stage, excluding any marketing material.

 

5.   The PEPP manufacturer shall review the information contained in the key information document regularly and shall revise the document where the review indicates that changes need to be made. The revised version shall be made available promptly to the PEPP customer.

Amendment    122

Proposal for a regulation

Article 23 d (new)

Text proposed by the Commission

Amendment

 

Article 23 d

 

Pre-contractual liability claims

 

1.   The PEPP manufacturer shall not incur civil liability solely on the basis of the key information document, including any translation thereof, unless it is misleading, inaccurate or inconsistent with the relevant parts of legally binding pre-contractual and contractual documents or with the requirements laid down in Article 23.

 

2.   A PEPP saver can claim damages from the PEPP manufacturer in accordance with national law in case of loss resulting from reliance on a key information document under the circumstances referred to in paragraph 1, when making an investment into the PEPP for which that key information document was produced. The PEPP manufacturer shall not incur civil liability when demonstrating that either the information was not misleading, not inaccurate neither inconsistent nor that the loss of the PEPP saver is not resulting from relying on a key information document.

 

3.   Elements such as ‘loss’ or ‘damages’ as referred to in paragraph 2 which are not defined shall be interpreted and applied in accordance with the applicable national law as determined by the relevant rules of private international law.

 

4.   This Article does not exclude further civil liability claims in accordance with national law.

 

5.   The obligations under this Article shall not be limited or waived by contractual clauses.

Amendment    123

Proposal for a regulation

Article 23 e (new)

Text proposed by the Commission

Amendment

 

Article 23 e

 

Provision of the key information document

 

1.   A person advising on, or selling, a PEPP shall provide PEPP savers with the key information document free of charge and a sufficient time before those PEPP savers are bound by any contract or offer relating to that PEPP.

 

Where the key information document has been revised in accordance with Article 10, previous versions shall also be provided on request of the PEPP saver.

Amendment    124

Proposal for a regulation

Article 23 f (new)

Text proposed by the Commission

Amendment

 

Article 23f

 

Disclosure of information to PEPP savers related to distribution

 

1.  A sufficient time before the conclusion of a PEPP-related contract, PEPP providers, and PEPP distributors shall provide PEPP savers or potential PEPP savers with at least the following information:

 

(a)  whether it has a holding, direct or indirect, representing 10 % or more of the voting rights or of the capital in a given PEPP provider;

 

(b)  in relation to the contracts proposed or advised upon, whether:

 

(i)  a PEPP provider or parent undertaking of a PEPP provider has a holding, direct or indirect, representing 10 % or more of the voting rights or of the capital in the PEPP intermediary or distributor;

 

(ii)  it gives advice on the basis of a fair and personal analysis;

 

(iii)  it is under a contractual obligation to conduct distribution business exclusively with one or more PEPP providers, in which case it is to provide the names of those PEPP providers; or

 

(iv)  it is not under a contractual obligation to conduct distribution business exclusively with one or more PEPP providers and does not give advice on the basis of a fair and personal analysis, in which case it is to provide the names of the PEPP providers with which it may and does conduct business;

 

(c)  the nature of the remuneration received in relation to the contract;

 

(d)  whether in relation to the contract, it works:

 

(i)  on the basis of a fee, that is the remuneration paid directly by the PEPP saver;

 

(ii)  on the basis of a commission of any kind, that is the remuneration included in the costs and charges of the distribution of the PEPP;

 

(iii)  on the basis of any other type of remuneration, including an economic benefit of any kind offered or given in connection with the contract; or

 

(iv)  on the basis of a combination of any type of remuneration set out in points (i), (ii) and (iii).

 

2.  Where the fee is payable directly by the PEPP saver, the PEPP distributor shall inform the PEPP saver of the amount of the fee or, where that is not possible, of the method for calculating the fee.

 

3.  If any payments, other than the scheduled payments, are made by the PEPP saver under the contract after its conclusion, the PEPP distributor shall also make the disclosures in accordance with this Article for each such payment.

 

4.  Member States shall ensure that in good time before the conclusion of a contract, a PEPP provider communicates to the PEPP saver the nature of the remuneration received by its employees in relation to the contract.

 

5.  If any payments, other than the scheduled payments, are made by the PEPP saver under the contract after its conclusion, the PEPP provider shall also make the disclosures in accordance with this Article for each such payment.

 

6.  Appropriate information shall be provided, a sufficient time prior to the conclusion of a contract, to PEPP savers or potential PEPP savers with regard to the distribution of the PEPP, and with regard to all costs and related charges. That information shall include at least the following:

 

(a)  when advice is provided, whether the PEPP intermediary or distributor will provide the PEPP savers with a periodic assessment of the suitability of the PEPP recommended to that PEPP savers ;

 

(b)  as regards the information on all costs and related charges to be disclosed, information relating to the distribution of the PEPP, including the cost of advice, where relevant, the cost of the PEPP recommended or marketed to the PEPP saver and how the PEPP saver may pay for it, also encompassing any third party payments in accordance with Article 32(1)(e)(ii).

 

7.  The information referred to in paragraph 1 shall be provided in a standardised format allowing for comparison and in a comprehensible form in such a manner that PEPP savers are reasonably able to understand the nature and risks concerning the PEPP offered and, consequently, to take investment decisions on an informed basis.

 

8.  The Commission shall adopt delegated acts in accordance with Article 62 in order to specify:

 

(a)  the conditions under which the information must comply in order to be fair, clear and not misleading, including the criteria on which the standardised format referred to in paragraph 7 shall be based

 

(b)  the details about content and format of information to PEPP savers in relation to PEPP providers, intermediaries and PEPP distributors and costs and charges.

Amendment    125

Proposal for a regulation

Article 24 – paragraph 1

Text proposed by the Commission

Amendment

1.  In good time before the conclusion of a PEPP-related contract, PEPP providers or distributors referred to in Article 19(c) of this Regulation shall provide PEPP savers or potential PEPP savers with at least the information in relation to the PEPP contract and themselves set out in Article 19 and in points (a) and (c) of the first subparagraph of Article 29(1) of Directive (EU) 2016/97 in relation to insurance contracts and insurance intermediaries.

1.  In good time before the conclusion of a PEPP-related contract, PEPP providers or distributors referred to in Article 5 (1) and Article 8 of this Regulation shall provide PEPP savers or potential PEPP savers with at least the key document and information in relation to the PEPP contract and themselves set out in Article 19 and in points (a) and (c) of the first subparagraph of Article 29(1) of Directive (EU) 2016/97 in relation to insurance contracts and insurance intermediaries.

Amendment    126

Proposal for a regulation

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

2.  The information referred to in this paragraph 1 shall be provided in a standardised format allowing for comparison and in a comprehensible form in such a manner that PEPP savers are reasonably able to understand the nature and risks concerning the PEPP offered and, consequently, to take investment decisions on an informed basis.

2.  The information referred to in this paragraph 1 shall be provided in a standardised format allowing for comparison and in a comprehensible form in such a manner that PEPP savers are reasonably able to understand the nature and risks and costs concerning the PEPP offered and, consequently, to take investment decisions on an informed basis.

Amendment    127

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph -1 (new)

Text proposed by the Commission

Amendment

 

Through advice, the PEPP saver shall be informed of the main features of the product.

Amendment    128

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph -1 a (new)

Text proposed by the Commission

Amendment

 

Advice shall aim at assessing the risk aversion and the financial knowledge of a PEPP saver, their ability to bear losses, as well as, facilitating the saver to be able to choose the investment option which best corresponds to their risk profile.

Amendment    129

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Prior to the conclusion of a PEPP-related contract, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall specify, on the basis of information obtained from the PEPP saver, the retirement-related demands and the needs of that PEPP saver and shall provide the PEPP saver with objective information about the PEPP in a comprehensible form to allow that PEPP saver to make an informed decision.

Prior to the conclusion of a PEPP-related contract, the PEPP provider or distributor referred to in Article 5(1) and Article 8 of this Regulation shall specify, on the basis of information obtained from the PEPP saver, the retirement-related demands and the needs of that PEPP saver and shall provide the PEPP saver with objective information about the PEPP in a comprehensible form to allow that PEPP saver to make an informed decision to enable the PEPP provider, intermediary or distributor to recommend to the PEPP saver or potential PEPP saver the PEPP that is suitable for him or her and, in particular, is in accordance with his or her risk tolerance and ability to bear losses.

Amendment    130

Proposal for a regulation

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

2.  Where advice is provided prior to the conclusion of any specific contract, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall provide the PEPP saver with a personalised recommendation explaining why a particular PEPP would best meet the PEPP savers’s demands and needs.

2.  Where advice is provided prior to the conclusion of any specific contract, the PEPP provider or distributor referred to in Article 5(1) and Article 8 of this Regulation shall provide the PEPP saver with a personalised recommendation explaining why a particular PEPP would best meet the PEPP savers’s demands and needs.

Amendment    131

Proposal for a regulation

Article 25 – paragraph 3

Text proposed by the Commission

Amendment

3.  When providing advice on PEPPs, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall comply with the applicable national laws giving effect to the rules set out in Article 25(2) of Directive 2014/65/EU and with any directly applicable Union legislation adopted under Article 25(8) of that Directive relating to those rules.

3.  When providing advice on PEPPs, the PEPP provider or distributor referred to in Article 5(1) and Article 8 of this Regulation shall comply with the applicable national laws giving effect to the rules set out in Article 25(2) of Directive 2014/65/EU and with any directly applicable Union legislation adopted under Article 25(8) of that Directive relating to those rules.

Amendment    132

Proposal for a regulation

Article 25 – paragraph 4

Text proposed by the Commission

Amendment

4.  Where a PEPP provider or distributor referred to in Article 19(c) of this Regulation informs the PEPP saver that it gives its advice on an independent basis, it shall give that advice on the basis of an analysis of a sufficiently large number of personal pension products available on the market to enable it to make a personal recommendation, in accordance with professional criteria, regarding which the PEPP-related contract would be adequate to meet the PEPP saver’s needs. Such advice must not be limited to PEPP-related contracts provided by the PEPP provider or distributor itself, by entities having close links with the PEPP provider or distributor or by other entities with which the PEPP provider or distributor has close legal or economic relationships, including contractual relationships, as to pose a risk of impairing the independent basis of the advice provided.

4.  Where a PEPP provider or distributor referred to in Article 5(1) and Article 8 of this Regulation informs the PEPP saver that it gives its advice on an independent basis, it shall give that advice on the basis of an analysis of a sufficiently large number of personal pension products available on the market to enable it to make a personal recommendation, in accordance with professional criteria, regarding which the PEPP-related contract would be adequate to meet the PEPP saver’s needs. Such advice must not be limited to PEPP-related contracts provided by the PEPP provider or distributor itself, by entities having close links with the PEPP provider or distributor or by other entities with which the PEPP provider or distributor has close legal or economic relationships, including contractual relationships, as to pose a risk of impairing the independent basis of the advice provided.

Amendment    133

Proposal for a regulation

Article 25 – paragraph 5

Text proposed by the Commission

Amendment

5.  PEPP providers and distributors referred to in Article 19(c) of this Regulation shall ensure and demonstrate to competent authorities on request that natural persons giving advice on PEPPs possess the necessary knowledge and competence to fulfil their obligations under this Chapter. Member States shall publish the criteria to be used for assessing such knowledge and competence.

5.  PEPP providers and distributors referred to in Article 5(1) and Article 8 of this Regulation shall ensure and demonstrate to competent authorities on request that natural persons giving advice on PEPPs possess the necessary knowledge and competence to fulfil their obligations under this Chapter. Member States shall publish the criteria to be used for assessing such knowledge and competence.

Amendment    134

Proposal for a regulation

Article 25 a (new)

Text proposed by the Commission

Amendment

 

Article 25a

 

Decision tree

 

1.  The PEPP provider or distributor shall provide the PEPP customer with a standardised decision tree established by EIOPA to help potential PEPP savers, in the initial phase of interest, to assess which PEPP product, the default option or any other alternative investment option, would be suitable for them. The decision tree shall cover the essential characteristics of a PEPP and shall aim to clarify that the default option offered by the provider might be different from the default options offered by other providers so that the PEPP customer is able to take this information into consideration before concluding a PEPP contract.

 

2.  The decision tree shall be made available on paper or on another durable medium and the PEPP provider or distributor shall ensure that the PEPP customer has gone through the decision tree before concluding a contract.

 

3.  The decision tree shall not constitute a personal recommendation and shall not replace any demands on advice for other investment options than the default option.

 

4.  In order to ensure a uniform use of the standardised decision tree referred to in paragraph 1, EIOPA shall draw up draft regulatory technical standards:

 

a)  specifying the content and presentation of the standard decision tree, including the definition of the main characteristics of PEPPs and types of default options which are offered by different providers in accordance with the regulatory standards to be included in the decision tree;

 

b)  establishing the conditions under which the standardised decision tree shall be provided on a durable medium or on paper, and how it may be adapted for this purpose. When drawing up the draft regulatory technical standards, EIOPA shall carry out consumer tests and take the following into account:

 

i)  the different types of PEPPs;

 

ii)  the differences between PEPPs;

 

iii)  the competence of PEPP savers and the characteristics of PEPPs;

 

iv)  the interactive technical implementation, including the use of websites and apps for mobile devices or the use of a different form to provide and complement the decision tree; and

 

v)  the need to ensure that it is clear that the decision tree does not constitute a personal recommendation.

 

EIOPA shall submit the draft regulatory technical standards to the Commission after their publication. Power is conferred on the Commission to adopt the regulatory technical standards referred to in this paragraph in accordance with Article 15 of Regulation (EU) No 1094/2010.

Amendment    135

Proposal for a regulation

Article 26 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Without prejudice to Article 25(1), the PEPP saver may waive his right to receive advice in relation to concluding a contract for the default investment option.

Without prejudice to Article 25(1), the PEPP saver may waive his right to receive advice in relation to concluding a contract for the default investment option after completing the decision tree and by confirming, that he was offered advice and that he waived his right to receive it.

Amendment    136

Proposal for a regulation

Article 26 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where the PEPP saver waives his right to receive advice, PEPP providers or distributors referred to in Article 19(c) of this Regulation shall, when carrying out PEPP distribution activities, ask the PEPP saver or potential PEPP saver to provide information regarding that person’s knowledge and experience in the investment field relevant to the PEPP offered or demanded so as to enable the PEPP provider or distributor to assess whether the PEPP envisaged is appropriate for the PEPP saver.

Where the PEPP saver waives his right to receive advice, PEPP providers or distributors referred to in Article 5(1) and Article 8 of this Regulation shall, when carrying out PEPP distribution activities, ask the PEPP saver or potential PEPP saver to provide information regarding that person’s knowledge and experience in the investment field relevant to the PEPP offered or demanded so as to enable the PEPP provider or distributor to assess whether the PEPP envisaged is appropriate for the PEPP saver.

Amendment    137

Proposal for a regulation

Article 26 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

Where the PEPP provider or distributor referred to in Article 19(c) of this Regulation considers, on the basis of the information received under the first subparagraph, that the product is not appropriate for the PEPP saver or potential PEPP saver, the PEPP provider or distributor shall warn the PEPP saver or potential PEPP saver to that effect. That warning may be provided in a standardised format.

Where the PEPP provider or distributor referred to in Article 5(1) and Article 8 of this Regulation considers, on the basis of the information received under the first subparagraph, that the product is not appropriate for the PEPP saver or potential PEPP saver, the PEPP provider or distributor shall warn the PEPP saver or potential PEPP saver to that effect. That warning may be provided in a standardised format.

Amendment    138

Proposal for a regulation

Chapter IV – section III a (new) – Article 26 a (new)

Text proposed by the Commission

Amendment

 

Section IIIa

 

PEPP contract

 

Article 26a

 

Mandatory information to be included in the contract

 

The PEPP contract shall consist of the PEPP Key Information Document and of the following information:

 

a)  the type of PEPP;

 

b)  personal details of the PEPP saver, his name and address;

 

c)  details concerning the benefits offered by the selected investment option: under the default option, benefits are paid out in the form of lifelong annuities as of the date of retirement; alternatively, one may opt for a capital pay-out of 30% on the due date of the first payment. If such a capital pay-out is made, then the remaining capital shall be used to calculate the amount of the annuities.

 

d)  benefits in the event of death before retirement under the default option: All contributions paid shall be reimbursed to the heirs free of charge in the event that the PEPP saver dies before the agreed date of retirement. During his lifetime, the PEPP saver shall be able to conclude a contract for the benefit of third parties.

 

e)  level and due dates for contributions and information on whether and how one can suspend the payment of contributions and on whether it is possible to make additional payments;

 

f)  the procedure to be followed in exercising the right to terminate the contract;

 

g)  whether or not there is a right to terminate the contract;

 

h)  information on switching investment options;

 

i)  an indication regarding the language in which the PEPP provider shall provide the PEPP Benefit Statement;

 

j)  information about alternative dispute resolution procedures;

 

k)  specific information which differs according to the Member State, such as information regarding the retirement age and tax benefits and incentives;

 

l)  detailed information about all costs related to the PEPP product;

 

m)  information and procedure for opening a new national compartment;

 

n)  conditions for supplementary provisions such as biometric risk;

 

o)  terms for switching provider.

Justification

For reasons of legal certainty, all elements of mandatory information to be included in a PEPP contract should be defined in the regulation.

Amendment    139

Proposal for a regulation

Article 27 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  The Benefit Statement shall be provided at least annually and free of charge to the PEPP saver.

Amendment    140

Proposal for a regulation

Article 27 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d)  information on how the investment policy takes into account environmental, social and governance factors.

(d)  information on the PEPP provider’s investment policy principles, and in particular on how the investment policy takes into account environmental, social and governance factors, including the role they play in the investment process as well as the long-term impact and the externalities of the investment decisions.

Amendment    141

Proposal for a regulation

Article 28 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  personal details of the PEPP saver, name of the PEPP provider, information on pension benefit projections, information on accrued entitlements or accumulated capital, contributions paid by the PEPP saver or any third party and information on the funding level of the PEPP scheme, for which Article 39, paragraphs 1(a), (b), (d), (e), (f) and (h) of Directive 2016/2341/EU shall be applied, where the "member" means the PEPP saver, the "IORP" means the PEPP provider, the "pension scheme" means the PEPP scheme and "the sponsoring undertaking" means any third party for the purposes of this Regulation;

(a)  personal details of the PEPP saver, name address and contact details of the PEPP provider and PEPP distributors, information on pension benefit projections, information on accrued entitlements or accumulated capital by compartment, contributions paid by the PEPP saver or any third party and information on the funding level of the PEPP scheme, for which Article 39, paragraphs 1(a), (b), (d), (e), (f) and (h) of Directive 2016/2341/EU shall be applied, where the "member" means the PEPP saver, the "IORP" means the PEPP provider, the "pension scheme" means the PEPP scheme and "the sponsoring undertaking" means any third party for the purposes of this Regulation; information on the accumulated capital or contributions paid shall be broken down by compartment;

Amendment    142

Proposal for a regulation

Article 28 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa)  a clear indication of the statutory retirement age of the PEPP saver, the retirement age laid down in the pension scheme or estimated by the PEPP provider, or the retirement age set by the PEPP saver, as applicable;

Amendment    143

Proposal for a regulation

Article 28 – paragraph 1 – point a b (new)

Text proposed by the Commission

Amendment

 

(ab)  detailed data of the pension plan portfolio including composition and weight of assets;

Amendment    144

Proposal for a regulation

Article 28 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(da)  a disclaimer that those projections may differ from the final value of the benefits received;

Amendment    145

Proposal for a regulation

Article 28 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  a breakdown of the costs deducted by the PEPP provider at least over the last 12 months, indicating the costs of administration, costs of safekeeping of assets, costs related to portfolio transactions and other costs, as well as an estimation of the impact of the costs on the final benefits.

(e)  the total costs charged to the retail investor over the past 12 months through the total expenses ratio, a breakdown of the costs deducted by the PEPP provider at least over the last 12 months, indicating the costs of administration, costs of safekeeping of assets, costs related to portfolio transactions and other costs, as well as an estimation of the impact of the costs on the final benefits;

Amendment    146

Proposal for a regulation

Article 28 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea)  investment in assets which are not admitted to trading on a regulated financial market.

Amendment    147

Proposal for a regulation

Article 29 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  The PEPP Benefit Statement shall specify where and how to obtain supplementary information including:

1.  The PEPP Benefit Statement shall specify where and how to obtain supplementary information. The information shall be made easily available through electronic means and free of charge including:

Amendment    148

Proposal for a regulation

Article 29 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  a written statement of the PEPP provider’s investment-policy principles, containing 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 PEPP liabilities, as well as how the investment policy takes environmental, social and governance factors into account;

(c)  a written statement of the PEPP provider’s investment-policy principles as set out in Article 30 of Directive 2016/2341/EU, containing 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 PEPP liabilities, as well as how the investment policy takes environmental, social and governance factors into account;

Amendment    149

Proposal for a regulation

Article 29 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

EIOPA, after consulting national authorities and after consumer testing, shall develop draft implementing technical standards specifying the details of the presentation of the information referred to in Article 28 and in this Article.

EIOPA shall, after consulting national authorities and consumer organizations and on the basis of consumer testing, develop draft implementing technical standards specifying the details of the presentation of the information referred to in Article 28 and in this Article.

Amendment    150

Proposal for a regulation

Article 29 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

EIOPA shall submit those draft implementing technical standards to the Commission by … [within 9 months after the entry into force of the Regulation].

EIOPA shall submit those draft implementing technical standards to the Commission by … [within 6 months after the entry into force of the Regulation].

Amendment    151

Proposal for a regulation

Article 30 – paragraph 1

Text proposed by the Commission

Amendment

1.  PEPP savers shall receive information during the pre-retirement phase as set out in Article 42 of Directive 2016/2341/EU.

1.  PEPP savers shall receive information during the pre-retirement phase as set out in Article 42 of Directive 2016/2341/EU. Advice one year prior to the retirement phase shall be mandatory.

Amendment    152

Proposal for a regulation

Article 30 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  One year before retirement, the PEPP saver shall be informed about the upcoming start of the decumulation phase and informed about the benefit pay-out options available.

Justification

The PEPP saver should be informed one year prior to retirement about the pay-out options and should have the possibility to confirm desired pay-out option(s).

Amendment    153

Proposal for a regulation

Article 32 – paragraph 7

Text proposed by the Commission

Amendment

7.  The Commission shall adopt delegated acts in accordance with Article 62 specifying the information referred to in paragraphs 1 to 4, with a view to ensuring to the appropriate extent convergence of supervisory reporting.

deleted

EIOPA, after consulting national authorities and after consumer testing, shall develop draft implementing technical standards regarding the format of supervisory reporting.

 

EIOPA shall submit those draft implementing technical standards to the Commission by … [within 9 months after the entry into force of the Regulation].

 

Power is conferred on the Commission to adopt the implementing technical standards referred to in the second subparagraph in accordance with Article 15 of Regulation (EU) No 1094/2010.

 

Amendment    154

Proposal for a regulation

Article 33 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  the assets shall be predominantly invested on regulated markets. Investment in assets which are not admitted to trading on a regulated financial market must in any event be kept to prudent levels;

(c)  the assets shall be predominantly invested on regulated markets. Investment in assets which are not admitted to trading on a regulated financial market must not exceed 20%;

Amendment    155

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

1.  PEPP providers shall offer up to five investment options to PEPP savers.

1.  PEPP providers shall offer at least one default option. They may also offer additional investment options.

Amendment    156

Proposal for a regulation

Article 34 – paragraph 2

Text proposed by the Commission

Amendment

2.  The investment options shall include a default investment option and may include alternative investment options.

deleted

Amendment    157

Proposal for a regulation

Article 34 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.  The PEPP shall be cost-effective irrespective of the investment option.

Amendment    158

Proposal for a regulation

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

The PEPP saver shall opt for an investment option upon conclusion of the PEPP contract.

The PEPP saver shall opt for an investment option after receiving the relevant information, advice and decision support tool, upon conclusion of the PEPP contract.

Justification

PEPP savers should be able to make an informed decision.

Amendment    159

Proposal for a regulation

Article 36 – paragraph 1

Text proposed by the Commission

Amendment

1.  The PEPP saver shall be able to opt for a different investment option once every five years of accumulation in the PEPP.

1.  After concluding the PEPP contract, the PEPP saver shall be able to opt for a different investment option once every five years of accumulation in the PEPP during the accumulation phase. Further switchings shall only be allowed five years after the last switching. The PEPP provider may allow more frequent switching.

Amendment    160

Proposal for a regulation

Article 36 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  The PEPP provider shall prepare the switching at the request of the PEPP saver and shall inform the latter as regards the potential impact of the switching, such as the loss of the capital guarantee and biometric risks.

Amendment    161

Proposal for a regulation

Article 37 – title

Text proposed by the Commission

Amendment

Default investment option

Default option

Amendment    162

Proposal for a regulation

Article 37 – paragraph 1

Text proposed by the Commission

Amendment

1.  The default investment option shall ensure capital protection for the PEPP saver, on the basis of a risk-mitigation technique that results in a safe investment strategy.

1.  In the default option, the PEPP provider shall guarantee, on the basis of a risk-mitigation technique, the PEPP saver that the capital accumulated by the start of the pay-out phase will at least equal the contributions paid, including all costs and charges and after inflation is accounted for, regardless the investment strategy that the PEPP provider offers for his default option. The risk mitigation techniques shall result in a safe investment strategy, in line with regulatory technical standards established by EIOPA.

Amendment    163

Proposal for a regulation

Article 37 – paragraph 2

Text proposed by the Commission

Amendment

2.  Capital protection shall allow the PEPP saver to recoup the capital invested.

deleted

Amendment    164

Proposal for a regulation

Article 37 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  In order to comply with the conditions set out in paragraph 1, the PEPP provider shall be able to enter into PEPP product partnerships.

Amendment    165

Proposal for a regulation

Article 37 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b.  Total costs and charges may not exceed 0.75 % of the accumulated capital.

Amendment    166

Proposal for a regulation

Article 38 – paragraph 1

Text proposed by the Commission

Amendment

1.  If PEPP providers offer alternative investment options, at least one of them shall offer a cost-effective investment option to PEPP savers.

1.  If PEPP providers offer alternative investment options, all of them shall offer a cost-effective investment option to PEPP savers.

Amendment    167

Proposal for a regulation

Article 38 – paragraph 2

Text proposed by the Commission

Amendment

2.  The alternative investment options shall include risk-mitigation techniques to be defined by PEPP providers.

2.  The alternative investment options shall include risk-mitigation techniques to be defined by PEPP providers, in accordance with the regulatory technical standards established by EIOPA.

Amendment    168

Proposal for a regulation

Article 39 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  the risk-mitigation technique to ensure capital protection under the default investment option;

(a)  the risk-mitigation technique to safeguard capital under the default investment option;

Amendment    169

Proposal for a regulation

Article 39 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

EIOPA shall, in collaboration with the other European Supervisory Authorities, provide the Commission with technical assistance in the performance of the tasks set out in this Article.

Amendment    170

Proposal for a regulation

Article 39 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

In order to establish criteria for effective risk-mitigation techniques that can be applied in a consistent manner, EIOPA shall develop draft regulatory technical standards specifying the details of the provisions for the risk-mitigation techniques. EIOPA shall submit those draft regulatory technical standards to the Commission by … [xxx after the date of entry into force of this Regulation]. Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1094/2010.

Amendment    171

Proposal for a regulation

Article 40 – paragraph 1

Text proposed by the Commission

Amendment

1.  In accordance with Article 3(b), the PEPP conditions related to the accumulation phase shall be determined by Member States unless they are specified in this Regulation.

1.  Unless specified in this Regulation, the conditions related to the accumulation phase of the PEPP shall be determined by Member States, and shall be no less favourable than, applicable national rules;

Amendment    172

Proposal for a regulation

Article 40 – paragraph 2

Text proposed by the Commission

Amendment

2.  Such conditions may include in particular age limits for starting the accumulation phase, minimum duration of the accumulation phase, maximum and minimum amount of in-payments and their continuity, as well as conditions for redemption before retirement age in case of particular hardship.

2.  Such conditions may include in particular age limits for starting the accumulation phase, minimum duration of the accumulation phase, maximum and minimum amount of in-payments, their continuity and the minimum retirement age, as well as conditions for redemption before retirement age in case of particular hardship.

Amendment    173

Proposal for a regulation

Article 40 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  Member States shall apply the same conditions related to the accumulation phase of PEPP products as to other comparable national products.

Amendment    174

Proposal for a regulation

Article 42 – paragraph 1

Text proposed by the Commission

Amendment

PEPP providers may offer PEPPs with an option ensuring the coverage of the risk of biometric risks. For the purpose of this Regulation, ‘biometric risks’ mean risks linked to longevity, disability and death.

PEPP providers may offer PEPPs with an option ensuring the coverage of the risk of biometric risks. With that aim in view, PEPP providers may enter into PEPP product partnerships.

Amendment    175

Proposal for a regulation

Article 43 – paragraph 3

Text proposed by the Commission

Amendment

3.  PEPP providers and distributors shall make every possible effort to reply, on paper or, if agreed between the PEPP provider or distributor and the PEPP customer, on another durable medium, to the PEPP customers’ complaints. The reply shall address all points raised, within an adequate timeframe and at the latest within 15 business days of receipt of the complaint. In exceptional situations, if the answer cannot be given within 15 business days for reasons beyond the control of the PEPP provider or distributor, it shall be required to send a holding reply, clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the PEPP customer will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed 35 business days.

3.  PEPP providers and distributors shall make every possible effort to reply, on paper or by e-mail or, if agreed between the PEPP provider or distributor and the PEPP customer, on another durable medium, to the PEPP customers’ complaints. The reply shall address all points raised, within an adequate timeframe and at the latest within 15 business days of receipt of the complaint. In exceptional situations, if the answer cannot be given within 15 business days for reasons beyond the control of the PEPP provider or distributor, it shall be required to send a holding reply, clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the PEPP customer will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed 35 business days.

Amendment    176

Proposal for a regulation

Article 43 – paragraph 4

Text proposed by the Commission

Amendment

4.  PEPP providers and distributors shall inform the PEPP customer about at least one alternative dispute resolution (ADR) entity which is competent to deal with disputes concerning PEPP customers' rights and obligations under this Regulation.

deleted

Amendment    177

Proposal for a regulation

Article 43 – paragraph 5

Text proposed by the Commission

Amendment

5.  The information referred to in paragraph 3 shall be mentioned in a clear, comprehensive and easily accessible way on the website of the PEPP provider or distributor, at the branch, and in the general terms and conditions of the contract between the PEPP provider or distributor and the PEPP customer. It shall specify how further information on the ADR entity concerned and on the conditions for using it can be accessed.

deleted

Amendment    178

Proposal for a regulation

Article 44 – paragraph 1

Text proposed by the Commission

Amendment

1.  Adequate, independent, impartial, transparent and effective ADR procedures for the settlement of disputes between PEPP customers and PEPP providers or distributors concerning the rights and obligations arising under this Regulation shall be established in accordance with Directive 2013/11/EU of the European Parliament and the Council49 , using existing competent bodies where appropriate. Such ADR procedures shall be applicable, and the relevant ADR body’s competence shall effectively extend, to PEPP providers or distributors against whom the procedures are initiated.

1.  Adequate, independent, impartial, transparent and effective ADR procedures for the settlement of disputes between PEPP customers and PEPP providers or distributors concerning the rights and obligations arising under this Regulation shall be established in accordance with Directive 2013/11/EU of the European Parliament and the Council49 , using existing competent bodies where appropriate. Such ADR procedures shall be applicable, and the relevant ADR body’s competence shall effectively extend, to PEPP providers or distributors against whom the procedures are initiated. PEPP providers or distributors shall participate in the ADR procedures.

__________________

__________________

49 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, OJ L 165, 18.6.2013, p. 63.

49 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, OJ L 165, 18.6.2013, p. 63.

Amendment    179

Proposal for a regulation

Article 44 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  In accordance with Directive 2013/11/EU of the European Parliament and of the Council, PEPP providers and distributors shall inform the PEPP customer about at least one alternative dispute resolution (ADR) entity which is competent to deal with disputes concerning PEPP customers’ rights and obligations under this Regulation.

Amendment    180

Proposal for a regulation

Article 44 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b.  The information referred to in the previous paragraph shall be mentioned in a clear, comprehensive and easily accessible way on the website of the PEPP provider or distributor, at the branch, and in the general terms and conditions of the contract between the PEPP provider or distributor and the PEPP customer. It shall specify how further information on the ADR entity concerned and on the conditions for using it can be accessed.

Amendment    181

Proposal for a regulation

Article 44 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

 

2c.  PEPP providers and distributors shall make provision for out-of-court dispute settlement procedures.

Amendment    182

Proposal for a regulation

Article 44 – paragraph 2 d (new)

Text proposed by the Commission

Amendment

 

2d.  Member States shall ensure that cross-border complaints and redress mechanisms are set up, allowing for individual as well as for collective compensatory redress across borders in accordance with the EU law.

Amendment    183

Proposal for a regulation

Article 45 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

Under the default option, the switching service may only be used during the accumulation phase.

Amendment    184

Proposal for a regulation

Article 45 – paragraph 2

Text proposed by the Commission

Amendment

2.  The PEPP saver may switch PEPP providers no more frequently than once every five years after conclusion of the PEPP contract.

2.  The PEPP saver may switch free of charge PEPP providers no more frequently than once every five years after conclusion of the PEPP contract. PEPP providers and PEPP savers may agree on more frequent switching. The terms for switching shall be written in the PEPP contract.

Amendment    185

Proposal for a regulation

Article 45 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  A switching shall be allowed at any time and free of charge if the PEPP provider or distributor breaches the general principle in line with Article 18.

Amendment    186

Proposal for a regulation

Article 46 – paragraph 1

Text proposed by the Commission

Amendment

1.  At the request of the PEPP saver, the switching service shall be initiated by the receiving PEPP provider. The switching service shall at least comply with paragraphs 2 to 5.

1.  At the request of the PEPP saver, the switching service shall be prepared by the receiving PEPP provider.

 

The request from the PEPP saver shall be drawn up in an official language of the Member State where the switching service is being initiated or in any other language agreed between the parties.

 

Where the saver holds different compartments, the request shall indicate for which compartments the switching service is requested.

 

In the event of a cross-border switching, the PEPP saver shall be informed about all the implications of the switching. The information shall cover, above all, changes concerning, for example, the loss of the capital guarantee and the biometric risks and information about the loss of tax incentives or other advantages and about taxes for which the saver will be liable.

Amendment    187

Proposal for a regulation

Article 48 – paragraph 3

Text proposed by the Commission

Amendment

3.  The total fees and charges applied by the transferring PEPP provider to the PEPP saver for the closure of the PEPP account held with it shall be limited to no more than 1,5 % of the positive balance to be transferred to the receiving PEPP provider.

3.  Without prejudice to Article 45 paragraph 2, the total fees and charges applied by the transferring PEPP provider to the PEPP saver for the closure of the PEPP account held with it shall be limited to no more than 0,5 % of the positive balance to be transferred to the receiving PEPP provider. No further fees, costs or charges shall be applied.

Amendment    188

Proposal for a regulation

Article 48 – paragraph 4

Text proposed by the Commission

Amendment

4.  Fees and charges, if any, applied by the transferring or the receiving PEPP provider to the PEPP saver for any service provided under Article 46, other than those referred to in paragraphs 1, 2 and 3 of this Article, shall be reasonable and in line with the actual costs of that PEPP provider.

deleted

Amendment    189

Proposal for a regulation

Article 49 – paragraph 2

Text proposed by the Commission

Amendment

2.  Liability under paragraph 1 shall not apply in cases of abnormal and unforeseeable circumstances beyond the control of the PEPP provider pleading for the application of those circumstances, the consequences of which would have been unavoidable despite all efforts to the contrary, or where a PEPP provider is bound by other legal obligations covered by Union or national legislative acts.

2.  Liability under paragraph 1 shall not apply in cases where a PEPP provider is bound by other legal obligations covered by Union or national legislative acts.

Amendment    190

Proposal for a regulation

Article 50 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

In the event of a cross-border switching, the PEPP saver shall be informed about all the implications of the switching. The information shall cover, above all, changes concerning, for example, the loss of the capital guarantee and the biometric risks and information about taxes for which the saver will be liable.

Amendment    191

Proposal for a regulation

Article 51 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  When Member States determine the conditions related to the accumulation phase, the same conditions shall apply to PEPPs as to comparable national products.

Amendment    192

Proposal for a regulation

Article 52 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  Under the default option, the out-payment form will be annuities, with the possibility of a lump sum of maximum 30 %, at the start of the decumulation phase.

Amendment    193

Proposal for a regulation

Article 52 – paragraph 2

Text proposed by the Commission

Amendment

2.  The choice of the form of out-payments for the decumulation phase shall be exercised by PEPP savers upon conclusion of a PEPP contract and can be changed once every five years thereafter during the accumulation phase, if applicable.

2.  The choice of the form of out-payments for the decumulation phase shall be exercised by PEPP savers upon conclusion of a PEPP contract and can be changed once every five years thereafter during the accumulation phase and one year before the beginning of the decumulation phase if applicable.

Amendment    194

Proposal for a regulation

Article 53 – paragraph 2

Text proposed by the Commission

Amendment

2.  EIOPA shall monitor pension schemes established or distributed in the territory of the Union to verify that they do not use the designation ‘PEPP’ or suggest that they are a PEPP unless they are authorised under, and comply with, this Regulation.

2.  EIOPA shall monitor pension products established or distributed in the territory of the Union to verify that they do not use the designation ‘PEPP’ or suggest that they are a PEPP unless they are authorised under this Regulation.

Amendment    195

Proposal for a regulation

Article 57 – paragraph 2 – point e

Text proposed by the Commission