52 Amendments of Marco VALLI related to 2015/0270(COD)
Amendment 100 #
Proposal for a regulation
Recital 1
Recital 1
Amendment 101 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 102 #
Proposal for a regulation
Recital 3
Recital 3
Amendment 103 #
Proposal for a regulation
Recital 4
Recital 4
Amendment 109 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 122 #
Proposal for a regulation
Recital 6
Recital 6
(6) The recent crisis has shown that the functioning of the internal marketfinancial stability may be under threat and that there is an increasing risk of financial fragmentation. The failure of a bank that is relatively large compared to the national banking sector or the concurrent failure of a part of the national banking sector may cause national DGSs to be vulnerable to large local shocks, even with the additional funding mechanisms provided by Directive 2014/49/EU of the European Parliament and of the Council12. This vulnerability of national DGSs to large local shocks can contribute to adverse feedback between banks and their national sovereign undermining the homogeneity of protection for deposits and contributing to a lack of confidence among depositors and resulting in market instability. For this reason, a European deposit system must be established as soon as possible, which provides a full guarantee and has a public backstop provided by the ECB. ___________________ 12 Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149).
Amendment 126 #
Proposal for a regulation
Recital 7
Recital 7
(7) The absence of a homogenous level of depositor protection can distort competition For the protection of Europeand create an effective barrier for the freedoms of establishment and free provision of services by credit institutions within the internal market. A common deposit insurance scheme is therefore essential for the completion of the internal market in financial servicesonsumers a common deposit insurance scheme is therefore essential.
Amendment 131 #
Proposal for a regulation
Recital 8
Recital 8
(8) AlthoughSince Directive 2014/49/EU significantly improvesis not the capacity of national schemes to compensate depositors, more efficient deposit guarantee arrangements are needed atpropriate tool for protecting depositors and savers in the levelnt of the Banking Union to ensure sufficient financial means to underpin the confidence of all depositors and thereby safeguard financial stability. EDIScrises, EDIS is considered necessary since it would increase the resilience of the Banking Unionfinancial system against future crises by sharing risk more widely and would offer equal protection for insured depositors, supporting the proper functioning of the internal market.
Amendment 140 #
Proposal for a regulation
Recital 9
Recital 9
(9) Funds used by deposit guarantee schemes to repay depositors for unavailable covered deposits in accordance with Article 8 of Directive 2014/49/EU on deposit guarantee schemes do not constitute State aid or Fund aid. However, where those funds are used in the restructuring of credit institutions and constitute State aid or Fund aid, they must comply with Article 108 of the Treaty on the Functioning of the European Union and, respectively, with Article 19 of Regulation (EU) No 806/2014 of the European Parliament and of the Council13, which should be amended for that purpose. ___________________ 13 Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014, p. 1). (OJ L 225, 30.7.2014, p. 1).
Amendment 154 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 161 #
Proposal for a regulation
Recital 16
Recital 16
(16) In integrated financial markets, any financial support to reimburse depositors enhances the financial stability not only in the participating Member State concerned but also in other Member States, by preventing any spill-over of bank crises into non-participating Member States. The conferral of deposit insurance tasks to the Board should not in any way hamper the functioning of the internal market for financial services. The European Banking Authority (EBA) should therefore maintain its role and retain its existing powers and tasks: it should develop and contribute to the consistent application of the Union legislation applicable to all Member States and enhance convergence of deposit guarantee practices across the Union as a whole.
Amendment 162 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 182 #
Proposal for a regulation
Recital 18
Recital 18
(18) EDIS should be established in three sequential stages, first a re, being a full insurance scheme that covers a share ofll the liquidity shortfallneeds and ofall the excess losses of participating DGSs, followed by a co- insurance scheme that covers a gradually increasing share of the liquidity shortfall and losses of participating DGSs and eventually resulting in a full insurance scheme that covers all liquidity needs and losses of participating deposit guarantee schemesshould be established in a single stage, from the entry into force of this Regulation, and should provide for full coverage of the liquidity shortfall and losses of participating DGSs, including through support of liquidity guaranteed on an unlimited and unconditional basis by the ECB.
Amendment 186 #
Proposal for a regulation
Recital 19
Recital 19
(19) In the reinsurance stagefirst three years following the entry into force of this Regulation, and in order to limit the liability for the European Deposit Insurance Fund (“the Deposit Insurance Fund”) and to reduce moral hazard risk at the national level, assistance from the Deposit Insurance Fund can only be requested if the national DGS has raised ex-ante contributions in accordance with a precise funding path, and if it first depletes these funds. However, to the extent that a national DGS has collected funds over and above that which is required by the funding path, it only needs to use up the funds it had to collect to comply with the funding path before being able to receive coverage by EDIS. Therefore, DGSs which have collected more funds than is needed to comply with the funding path should not be in a worse position than those which have collected funds not exceeding the levels set out in the funding path.
Amendment 190 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 203 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 221 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Deposit Insurance Fund is an essential element without which the progressive establishment of EDIS could not be achieved. Different national systems of funding would not provide for homogenous deposit insurance across the Banking Union. Throughout the three stages, the Deposit Insurance Fund should help ensuring the stabilising role of DGSs, a uniform high level of protection to all depositors in a harmonised framework throughout the Union and avoiding the creation of obstacles for the exercise of fundamental freedoms or the distortion of competition in the internal market due to different levels of protection at national level.
Amendment 231 #
Proposal for a regulation
Recital 26
Recital 26
(26) Contributions would be directly levied on banks to finance the Deposit Insurance Fund. The Board would collect the contributions and administer the Deposit Insurance Fund, while national DGSs would continue to collect national contributions and administer national funds. In order to ensure fair and harmonised contributions for participating banks and provide incentives to operate under a model which presents less risk, both contributions to EDIS and to national DGS should be calculated on the basis of covered deposits and a risk-adjustment factor per bank. During the re-insurance period the risk-adjustment factor should consider the degree of risk incurred by a bank relative to all other banks affiliated to the same participating DGS. Once the stage of co-insurance is reached, the risk- adjustment factor should consider the degree of risk incurred by a bank relative to all other banks established in the participating Member States. This would ensure that, overall, EDIS is cost-neutral for banks and national DGSs and avoid any redistribution of contributions during the build-up phase of the Deposit Insurance Fund.
Amendment 254 #
Proposal for a regulation
Recital 29
Recital 29
(29) The initial and final target level of the Deposit Insurance Fund should be established as a percentage of the total minimum target levels of participating DGS. It should progressively reach 20% of four ninth of the total minimum target levels by the end of the reinsurance perree years from the entry into force of this Regulatiodn and the sum of all minimum target levels by the end of the co-insurance perstarting from the fourth year and by the seventh year from the entry into force of this Regulatiodn. The possibility to apply for approval to authorise a lower target level in accordance with Article 10(6) of Directive 2014/49/EU should not be considered when setting the initial or final target levels of the Deposit Insurance Fund. An appropriate time frame should be set to reach the target level for the Deposit Insurance Fund.
Amendment 292 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 1 – introductory part
Article 1 – paragraph 2 – subparagraph 1 – introductory part
2. In addition, this Regulation establishes a European Deposit Insurance Scheme ('EDIS') in three successive stages:
Amendment 295 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 1 – indent 1
Article 1 – paragraph 2 – subparagraph 1 – indent 1
Amendment 300 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 1 – indent 2
Article 1 – paragraph 2 – subparagraph 1 – indent 2
Amendment 311 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 1 – indent 3
Article 1 – paragraph 2 – subparagraph 1 – indent 3
- a full insurance scheme that provides the funding and covers the losses of participating deposit guarantee schemes in accordance with Article 41e.
Amendment 312 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 1 – indent 3 a (new)
Article 1 – paragraph 2 – subparagraph 1 – indent 3 a (new)
- a public backstop system guaranteed by the ECB, in line with the aim of maintaining the stability of the financial system.
Amendment 336 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EU) No 806/2014
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
Amendment 345 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Part IIa – title I – title
Part IIa – title I – title
TITLE I: PHASES OF EDIS
Amendment 347 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Part IIa – title I – chapter 1
Part IIa – title I – chapter 1
Amendment 410 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Part IIa – title I – chapter 2
Part IIa – title I – chapter 2
Amendment 437 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41h – paragraph 1
Article 41h – paragraph 1
1. As from the end of the co- insurance pertry into force of this Regulatiodn, the participating DGS shall be fully insured by EDIS in accordance with this Chapter.
Amendment 442 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41h – paragraph 2
Article 41h – paragraph 2
2. In case a participating DGS encounters a payout event or is used in resolution in accordance with Article 109 of Directive 2014/59/EU or Article 79 of this Regulation, it may claim funding from the DIF for its liquidity need as defined by Article 41f of this Regulationwithin the meaning of Article 6(1) of Directive 2014/49/EU.
Amendment 446 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41h – paragraph 3
Article 41h – paragraph 3
3. The DIF shall also cover the loss of the participating DGS as defined by Article 41g. The participating DGS shall repay the amount of funding it obtained under paragraph 2, less the amount of loss cover, in accordance with the procedure set out in Article 41oup to the total amount it repaid to depositors in accordance with Article 8 of Directive 2014/49/EU.
Amendment 460 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41i – paragraph 1 – introductory part
Article 41i – paragraph 1 – introductory part
1. A participating DGS shall not be covered by EDIS in the reinsurance, co- insurance or full insurance phase, if the Commission, acting on its own initiative or upon a request of the Board or a participating Member State, decides and informs the Board accordingly that at least one of the following disqualifying conditions is met:
Amendment 476 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41j
Article 41j
Amendment 484 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41j – paragraph 1
Article 41j – paragraph 1
1. A participating DGS shall only be reinsured, co-insured or fully insured by EDIS during the year following any of the dates set out below, if, by that date, its available financial means raised by contributions referred to in Article 10(1) of Directive 2014/49/EU amount to at least the following percentages of the total amount of covered deposits of all credit institutions affiliated to the participating DGS: – by 3 July 2017: 0.14%; – by 3 July 2018: 0.21%; – by 3 July 2019: 0.28%; – by 3 July 2020: 0.28%; – by 3 July 2021: 0.26%; – by 3 July 2022: 0.20%; – by 3 July 2023: 0.11%; – by 3 July 2024: 0%.
Amendment 550 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Regulation (EU) No 806/2014
Article 42 a (new)
Article 42 a (new)
10a. The following Article 42a is inserted: ‘Article 42a Role of the ECB The ECB shall play a ‘public backstop’ role in the general interest of the financial stability of the European Union and shall in an unconditional and unrestricted manner provide the liquidity required for the DIF. The ECB shall act as a guarantor during the constitution of the DIF in accordance with the provisions of Article 74(d) of this Regulation.’
Amendment 551 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 b (new)
Article 1 – paragraph 1 – point 10 b (new)
Regulation (EU) No 806/2014
Article 42 b (new)
Article 42 b (new)
Amendment 552 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 c (new)
Article 1 – paragraph 1 – point 10 c (new)
Regulation (EU) No 806/2014
Article 42 c (new)
Article 42 c (new)
10c. The following Article 42c is inserted: ‘Article 42c A dedicated EDIS unit shall be established within the ECB at the time this Regulation enters into force. That unit shall have a section for each of the national DGSs and shall be independent from monetary matters.’
Amendment 599 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
1. By the end of the reinsurance periodwithin three years of this Regulation entering into force, the available financial means of the DIF shall reach an initial target level of 20% of four ninths of the sum of the minimum target levels that participating DGSs shall reach in accordance with the first subparagraph of Article 10(2) of Directive 2014/49/EU.
Amendment 617 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 b – paragraph 2
Article 74 b – paragraph 2
2. By the end of the co-insurance periodFrom between the fourth year and the seventh year of this Regulation entering into force, the available financial means of the DIF shall reach the sum of the minimum target levels that participating DGSs shall reach under the first subparagraph of Article 10(2) of Directive 2014/49/EU.
Amendment 624 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 b – paragraph 3
Article 74 b – paragraph 3
3. During the reinsurance and co- insuranceseven-year periods the contributions to the DIF calculated in accordance with Article 74c shall be spread out in time as evenly as possible until the respective target level is reached.
Amendment 643 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 1
Article 74 c – paragraph 1
1. Each year during the reinsurance and co-insurance perfor the first seven years following the entry into force of this Regulatiodn, the Board shall, after consulting the ECB and the national competent authority and in close cooperation with the participating DGSs and designated authorities, determine for each participating DGS the total amount of ex-ante contributions that it may claim from the credit institutions affiliated to the respective participating DGS in order to reach the target levels provided for in Article 74b. The total amount of contributions shall not exceed the target levels provided for in Article 74b (1) and (2).
Amendment 647 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 2 – subparagraph 1
Article 74 c – paragraph 2 – subparagraph 1
During the reinsurance periodfirst three years following the entry into force of this Regulation, each participating DGS shall calculate, on the basis of the total amount determined by the Board under paragraph 1, the contribution of each credit institution affiliated to it. It shall apply the risk-based method established by the delegated act according to the second subparagraph of paragraph 5.
Amendment 653 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 2 – subparagraph 2
Article 74 c – paragraph 2 – subparagraph 2
Amendment 656 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 2 – subparagraph 3
Article 74 c – paragraph 2 – subparagraph 3
Amendment 662 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 3
Article 74 c – paragraph 3
3. The duly received contributions of each credit institution referred to in Article 2(2) shall not be reimbursed to those entities.
Amendment 689 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 – subparagraph 4 – introductory part
Article 74 c – paragraph 5 – subparagraph 4 – introductory part
Amendment 713 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 – subparagraph 4 – point f a (new)
Article 74 c – paragraph 5 – subparagraph 4 – point f a (new)
(fa) Level III Assets;
Amendment 723 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 d – paragraph 1
Article 74 d – paragraph 1
1. Where, after the reinsurance perfirst three years following the entry into force of this Regulatiodn, the available financial means are not sufficient to cover the losses, costs or other expenses incurred by the DIF following a payout event, extraordinary ex- post contributions from the credit institutions affiliated to participating DGSs shall be raised in order to cover the additional amounts. Notwithstanding paragraphs 2 and 3, the amount of ex-post contributions to be raised shall be equal to the shortfall of available financial means but shall not exceed the maximum share of total covered deposits of all credit institutions within the scope of EDIS laid down by delegated act of the Commission in accordance with paragraph 5.
Amendment 727 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 d – paragraph 2 – subparagraph 1
Article 74 d – paragraph 2 – subparagraph 1
The Board shall itself calculate the contribution of each credit-institution affiliated to each participating DGS. It shall apply the risk-based method specified in the delegated act adopted by the Commission in accordance with the third subparagraph of Article 74c(5).
Amendment 731 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 e – paragraph 3 a (new)
Article 74 e – paragraph 3 a (new)
3a. Where a manager of a credit institution affiliated to a participating DGS, whether intentionally or through negligence, falsely evaluates the level of risk hence reducing the contribution under Article 74c(5) of this Regulation, the Board shall impose administrative and criminal penalties.
Amendment 767 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37
Article 1 – paragraph 1 – point 37
Regulation (EU) No 806/2014
Article 77 a – paragraph 1
Article 77 a – paragraph 1
1. During the reinsurance perfirst three years following the entry into force of this Regulatiodn the Board shall use the DIF to provide the funding in accordance with Article 41a(2) and cover a share of the excess loss in accordance with Article 41a(3).
Amendment 770 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37
Article 1 – paragraph 1 – point 37
Regulation (EU) No 806/2014
Article 77 a – paragraph 2
Article 77 a – paragraph 2
2. During and after the co-insurance perFrom the fourth year, and after the seventh year, following the entry into force of this Regulatiodn the Board shall use the DIF to provide the funding in accordance with Article 41d(2) and Article 41h(2), respectively, and cover the loss in accordance with Article 41d(3) and 41h(3), respectively.