BETA

11 Amendments of Joachim SCHUSTER related to 2023/0111(COD)

Amendment 84 #
Proposal for a regulation
Recital 18
(18) The assessment of whether the resolution of an institution or entity is in the public interest should reflect the consideration that depositors are better protected when deposit guarantee scheme funds are used more efficiently and the losses for those funds are minimised. Therefore, in the public interest assessment, the resolution objprotectiveon of protecting depositors shouldmay be considered better achieved in resolution if opting for insolvency would be more costly for the deposit guarantee scheme.
2023/11/06
Committee: ECON
Amendment 96 #
Proposal for a regulation
Recital 20
(20) To ensure that the resolution objectives are attained in the most effective way, the outcome of the public interest assessment should be negative only whereconsider whether the winding up of the failing institution or entity under normal insolvency proceedings would achieve the resolution objectives more effectively and not only to the same extent as resolution.
2023/11/06
Committee: ECON
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c a (new)
Regulation (EU) No 806/2014
Article 3 – paragraph 1 – points 55a– 55c (new)
(See the wording of Delegated Regulation (EU) 2015/63 Article 3, points (27) - (29); instead of the definition in Article 3, point (27), of the Delega(ca) the following points are added: (55a) ‘promotional bank’ means any undertaking or entity established by a Member State’s central, regional or local government, which grants promotional loans or grants promotional guarantees, whose primary goal is not to make profit or maximise market share but to promote that government’s public policy objectives, provided that, subject to State aid rules, that government has an obligation to protect the economic basis of the undertaking or entity and maintain its viability throughout its lifetime, or that at least 90 % of its original capital or funding or the promotional loan it grants is directly or indirectly guaranteed Regulation, the definition of "promotional entity" defined in Article 4(1), point (19), of CRR (Regulation (EU) Noby the Member State’s central, regional or local government; (55b) ‘promotional loan’ means a loan granted by a promotional bank or through an intermediate bank on a non- competitive, non for profit basis, in order to promote the public policy objectives of central or regional governments in a Member State; (55c) ‘intermediary institution’ means a credit institution which intermediates promotional loans provided that it does not give them as credit to a final customer Or. en 57572013) is used.)
2023/11/06
Committee: ECON
Amendment 138 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) No 806/2014
Article 12 – paragraph 4 a (new)
(6a) in Article 12, the following paragraph is inserted: 4a. The calculation of the minimum requirement referred to in paragraph 4 of this Article and Article 45(1) of Directive 2014/59/EU shall, in case of institutions operating promotional loans, exclude the liabilities of the intermediary institution towards the originating or another promotional bank or another intermediary institution and the liabilities of the original promotional bank towards its funding parties in so far as the amount of these liabilities is matched by the promotional loans of that institution. Or. en (see wording of Article 5 paragraph 1 point f of Regulation (EU) 2015/63)
2023/11/06
Committee: ECON
Amendment 184 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EU) No 806/2014
Article 13 c – paragraph 2 – subparagraph 2
After having received the notification referred to in the first subparagraph, the Board shall assess, in close cooperation with the ECB or the relevant national competent authority, what constitutes a reasonable timeframe for the purposes of the assessment of the condition referred to in Article 18(1), point (b), taking into account the speed of the deterioration of the conditions of the entity, the need to implement effectively the resolution strategy and any other relevant considerations. The Board shall communicate that assessment to the ECB or to the relevant national competent authority as early as possible. The application of any measures by institutional protection schemes shall not be affected by the notification referred to in the first subparagraph.
2023/11/06
Committee: ECON
Amendment 201 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Regulation (EU) No 806/2014
Article 14 – paragraph 2 – point d
(d) to protect depositors while minimising losses for deposit guarantee schemes, and to protectcovered by Directive 2014/49/EU and investors covered by Directive 97/9/EC; ;
2023/11/06
Committee: ECON
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point a
Regulation (EU) No 806/2014
Article 18 – paragraph 1 – subparagraph 1 – point b
(b) having regard to the timing, the need to implement effectively the resolution strategy and other relevant circumstances, there is no reasonable prospect that any alternative private sector measure, including measures by an IPS, supervisory action, early intervention measures, or the write down or conversion of relevant capital instruments and eligible liabilities as referred to in Article 21(1), taken in respect of the entity would prevent the failure of the entity within a reasonable timeframe;
2023/11/06
Committee: ECON
Amendment 207 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point a
Regulation (EU) No 806/2014
Article 18 – paragraph 1 – subparagraph 3
Where the ECB or the relevant national competent authority has assesseds that the condition referred to in point (a) of the first subparagraph, point (a), is met in relation to an entity asor group referred to in the first subparagraph, ithey shall communicate that assessment without delay to the Commission and to the Board without delaytaking into account, however, that preventive measures carried out by an IPS falling under Article 1(2), point (c), of Directive 2014/49/EU shall not lead to the determination that the credit institution is failing or likely to fail according to this Article or Article 32 (1) of Directive 2014/59/EU if the provisions of Article 11f of Directive 2014/49/EU are met.
2023/11/06
Committee: ECON
Amendment 214 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Regulation (EU) No 806/2014
Article 18 – paragraph 5 – subparagraph 1
For the purposes of paragraph 1, point (c), a resolution action shall be treated as in the public interest where that resolution action is necessary for the achievement of, and is proportionate to, one or more of the resolution objectives referred to in Article 14 and where winding up of the institution under normal insolvency proceedings would not meet those resolution objectives more effectivelyto the same extent.
2023/11/06
Committee: ECON
Amendment 302 #
Proposal for a regulation
Article 1 – paragraph 1 – point 41 – point a
Regulation (EU) No 806/2014
Article 79 – paragraph 1
1. Participating Member States shall ensure that when the Board takes resolution action with respect to a credit institution, provided that such action ensures that depositors continue to have access to their deposits, to prevent depositors from bearing losses, the deposit guarantee scheme to which that credit institution is affiliated shall contribute for the purposes and under the conditions laid down in Article 109 of Directive 2014/59/EU.Deleted
2023/11/06
Committee: ECON
Amendment 305 #
Proposal for a regulation
Article 1 – paragraph 1 – point 41 – point a
Regulation (EU) No 806/2014
Article 79 – paragraph 2
2. The Board shall determine the amount of the contribution of the deposit guarantee scheme in accordance with paragraph 1 after having consulted the deposit guarantee scheme, and where necessary the designated authority within the meaning of Article 2(1), point (18), of Directive 2014/49/EU, on the estimated cost of repaying depositors pursuant to Article 11e of Directive 2014/49/EU and in compliance with the conditions referred to in Article 20 of this Regulation.deleted
2023/11/06
Committee: ECON