10 Amendments of Joachim SCHUSTER related to 2023/0112(COD)
Amendment 74 #
Proposal for a directive
Recital 12
Recital 12
(12) 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.
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/59/EU
Article 2 – paragraph 1 – point 35
Article 2 – paragraph 1 – point 35
(35) ‘critical functions’ means activities, services or operations the discontinuance of which is likely in one or more Member States to lead to the disruption of services that are essential to the real economy or to disrupt financial stability at national or regional level, due to the size, market share, external and internal interconnectedness, complexity or cross- border activities of an institution or group, with particular regard to the substitutability of those activities, services or operations;;
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2014/59/EU
Article 31 – paragraph 2 – point d
Article 31 – paragraph 2 – point d
(d) to protect depositors, while minimising losses for deposit guarantee schemes, and to protect covered by Directive 2014/49/EU and investors covered by Directive 97/9/EC;;
Amendment 252 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a
Article 1 – paragraph 1 – point 17 – point a
Directive 2014/59/EU
Article 32 – paragraph 1 – point b
Article 32 – paragraph 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 write down or conversion of relevant capital instruments and eligible liabilities as referred to in Article 59(2) taken in respect of the institution would prevent the failure of the institution within a reasonable timeframe;
Amendment 254 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a
Article 1 – paragraph 1 – point 17 – point a
Directive 2014/59/EU
Article 32 – paragraph 1 – point b a (new)
Article 32 – paragraph 1 – point b a (new)
(b a) taking into account, however, that preventive measures carried out by an IPS falling under Article 1 (2) (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 18 (1) of Regulation (EU) 806/2014 if the provisions of Article 11 f (new) of Directive 2014/49/EU are met
Amendment 267 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2014/59/EU
Article 32 – paragraph 5 – subparagraph 1
Article 32 – 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 31 and where winding up of the institution under normal insolvency proceedings would not meet those resolution objectives more effectivelyto the same extent.
Amendment 356 #
Proposal for a directive
Article 1 – paragraph 1 – point 29 a (new)
Article 1 – paragraph 1 – point 29 a (new)
Directive 2014/59/EU
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
Amendment 465 #
Proposal for a directive
Article 1 – paragraph 1 – point 56 – point a
Article 1 – paragraph 1 – point 56 – point a
Directive 2014/59/EU
Article 109 – paragraphs 1 & 2
Article 109 – paragraphs 1 & 2
Amendment 476 #
Proposal for a directive
Article 1 – paragraph 1 – point 56 – point a
Article 1 – paragraph 1 – point 56 – point a
Directive 2014/59/EU
Article 109 – paragraph 2
Article 109 – paragraph 2
Amendment 477 #
Proposal for a directive
Article 1 – paragraph 1 – point 56 – point b
Article 1 – paragraph 1 – point 56 – point b
Directive 2014/59/EU
Article 109 – paragraphs 2a & 2b
Article 109 – paragraphs 2a & 2b