Traduction de «système rétroactif » (Français → Anglais) :

5. Underlines the fact that this proposal makes the Own Resources system even more complex and is aimed at amending legislation that will soon be replaced, retroactively, by already agreed pieces of legislation; stresses, against this background, the crucial role of the High Level Group on Own Resources in delivering proposals for overcoming the deficiencies of the current system;

5. Underlines the fact that this proposal makes the Own Resources system even more complex and is aimed at amending legislation that will soon be replaced, retroactively, by already agreed pieces of legislation; stresses, against this background, the crucial role of the High Level Group on Own Resources in delivering proposals for overcoming the deficiencies of the current system;

76. Welcomes the Commission’s declared intention to draw up guidelines on good practice and the reform of national support arrangements; calls on the Commission to produce the guidelines as soon as possible to ensure that the different national schemes do not distort competition or create barriers to trade and investment within the EU, in order to encourage predictability and cost-effectiveness and avoid excessive subsidies; urges the Commission, in this connection, to ensure that the internal market acquis is fully respected by the Member States; is convinced that good practice guidelines are an important step to ensure a functioning single market for energy and believes the guidelines could be supplemented with an evaluation of the cos ...[+++]t-effectiveness of current national support systems, taking into account the different technologies they cover in order to ensure better comparability and coordination for the gradual and progressive convergence of national support mechanisms; is also convinced that implementation of these guidelines at Member State level will be crucial as they can help to avoid national support schemes being retrospectively amended or cancelled, which would send out disastrous signals to investors, as well as potentially causing severe economic distress to private citizens having invested in RES on the basis of such schemes; stresses that the implementation of these guidelines should be ensured by the Member States, and that special support arrangements for the development of local and regional resources should be allowed;

77. Welcomes the Commission’s declared intention to draw up guidelines on good practice and the reform of national support arrangements; calls on the Commission to produce the guidelines as soon as possible to ensure that the different national schemes do not distort competition or create barriers to trade and investment within the EU, in order to encourage predictability and cost-effectiveness and avoid excessive subsidies; urges the Commission, in this connection, to ensure that the internal market acquis is fully respected by the Member States; is convinced that good practice guidelines are an important step to ensure a functioning single market for energy and believes the guidelines could be supplemented with an evaluation of the cos ...[+++]t-effectiveness of current national support systems, taking into account the different technologies they cover in order to ensure better comparability and coordination for the gradual and progressive convergence of national support mechanisms; is also convinced that implementation of these guidelines at Member State level will be crucial as they can help to avoid national support schemes being retrospectively amended or cancelled, which would send out disastrous signals to investors, as well as potentially causing severe economic distress to private citizens having invested in RES on the basis of such schemes; stresses that the implementation of these guidelines should be ensured by the Member States, and that special support arrangements for the development of local and regional resources should be allowed;

Insolvency proceedings shall not have retroactive effects on the rights and obligations of a participant arising from, or in connection with, its participation in a system earlier than the moment of opening of such proceedings as defined in Article 6(1).

The Directive also includes rules for payment systems which are not based on netting but on gross settlement systems (where each payment order is settled individually on a real time basis as it arises during the day): The proposed Directive would also exempt payment systems from national rules giving retroactive effect to the insolvency of a participant in a payment system, such as the zero-hour rule. Such retroactive effect allows the liquidator of an insolvent institution to challenge payment orders which have already been introduce ...[+++]d into the payment system, thus leading to the unwinding of the settlement operation. This unwinding is highly disruptive and can lead to systemic risk. The same is true for revocation of payment orders. Revocation of a large payment order in a payment system during the settlement process, could lead to systemic risk. The Directive would therefore bar revocation of payment orders after the moment contractually fixed by the payment system participants. The insolvency of a participant in a payment system, insofar as it concerned its dealings with the payment system, would be governed by the insolvency law of the country where the payment system was located, according to the proposed Directive. This would avoid conflicts of law and the ensuing legal uncertainty and thus facilitate cross-border participation in payment systems. Collateral security is pledged by the participants in a payment system in order to secure its exposures against the other participants. When collateral security is provided in a cross-border arrangement, its realisation in case of default of the pledging participant can be hindered by conflicts of law which may either weaken the collateral security or even render it unenforceable. In order to ensure collateral security can be realised immediately and in priority over all other creditors (so as not to jeopardise the liquidity of the other participants in the system, i.e. to avoid systemic risk) in the case of a defaul ...