Activities of Marianne THYSSEN related to 2012/0242(CNS)
Plenary speeches (1)
Specific tasks for the European Central Bank concerning policies relating to the prudential supervision of credit institutions (A7-0392/2012 - Marianne Thyssen) (vote)
Reports (1)
REPORT on the proposal for a Council regulation conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions PDF (524 KB) DOC (551 KB)
Amendments (12)
Amendment 306 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to carry out its tasks effectively, the ECB should be able to require all necessary information, and to conduct investigations and on-site inspections. These powers should apply to supervised entities, persons involved in the activities of those entities and related third parties, third parties to whom those entities have outsourced operational functions or activities and persons otherwise closely and substantially related or connected to the activities of those entities, including the staff of a supervised entity who are not directly involved in its activities but who, due to their function within the entity, may hold important information on a specific matter and firms which have provided services to those entities. The ECB should be able to require information by simple request under which the addressee is not obliged to provide the information but, in the event that it does so voluntarily, the information provided should not be incorrect or misleading and should be made available without delay. The ECB should also be able to require information by decision. The ECB and the national supervisory authorities will have access to the same information without credit institutions being subject to double reporting requirements.
Amendment 540 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Amendment 559 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. National competent authorities shall assist the ECB on its request, being an integral part of the SSM, shall assist the ECB to the extent possible with the preparation and implementation of any acts relating to the tasks referred to in Article 4. National competent authorities shall inform the ECB fully and in a timely manner about the activities carried out to assist the ECB.
Amendment 565 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. National competent authorities shall in particular be responsible for assisting the ECB, in accordance with paragraph 2, for credit institutions: (a) which have not received or requested public financial assistance; (b) which are not among the most significant credit institutions, financial holding companies and mixed financial holding companies of European systemic importance at the highest level of consolidation, based on: (i) their size as reflected in, the sum of exposure values of all assets and off- balance sheet liabilities not deducted when determining the common equity tier 1 capital for regulatory purposes; (ii) the systemic risk for the domestic economy concerned, expressed as the percentage of assets of a bank divided by GDP of its home country; and (iii) their cross-border activity as reflected in cross-jurisdictional claims such as deposits and other assets in respect of customers or other financial operators located in another country and cross- jurisdictional liabilities such as loans and notes in respect of customers or other financial operators located in another country, and which together cover at least half of the banking sector in the euro area as a whole and in each Member State. National competent authorities shall submit to the ECB the necessary draft supervisory decisions to be addressed by the ECB to credit institutions which fall in one of the categories referred to in the first subparagraph.
Amendment 573 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The ECB shall organisclearly define the pfractical modalities of implementation of paragraph 2 by the national supervisory authorities in discharging its tasks. It shall clearly define the framework and conditions under which national competent authorities shall carry out those activitiemework and conditions under which national competent authorities shall carry out the activities referred to in this Article in a differentiated manner taking into account the specific types and risk profiles of the supervised credit institutions.
Amendment 578 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Within the SSM, both the ECB and the national supervisory authorities are subject to a duty of cooperation in good faith and an obligation to exchange information.
Amendment 734 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. TAs regards credit institutions that fall within the scope of Articles 4(1a) and 5a(3), the provisions set out in Union acts in relation to the cooperation between competent authorities from different Member States for conducting supervision on a consolidated basis shall not apply to the extent that the competent authorities involved are competent authorities of participating Member States.
Amendment 782 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Due process and decision making procedure for adopting supervisory decisions 1. Before taking supervisory decisions in accordance with Article 4 and Section 2, the ECB shall give the persons which are the subject of the proceedings the opportunity of being heard. This shall not apply if urgent action is needed in order to prevent significant damage to the financial system. In such a case, the ECB may adopt an interim decision and shall give the persons concerned the opportunity to be heard as soon as possible after having taken its decision. 2. Where applicable, the rights of defence of the persons concerned shall be fully respected in the proceedings. They shall be entitled to have access to the ECB's file, subject to the legitimate interest of other persons in the protection of their business secrets. The right of access to the file shall not extend to confidential information. 3. The decisions of the ECB shall state the reasons on which they are based.
Amendment 801 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The planning and execupreparation of the tasks conferred upon the ECB, shall be undertaken by an internal body composed of four representatives of the ECB appointed by the Executive Board of the ECB and one representative of the national authority competent for the supervision of credit institutions in each participating Member State (hereinafter ‘supervisory board’).
Amendment 821 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. In addition, the supervisory board shall include a Chair elected by the members of the Governing Council from the members, with the exception of the President, of the Executive Board, and a Vice-Chairman or Chairwoman, appointed by the Council after an open selection procedure on the basis of merit, skills and thorough knowledge of financial institutions and financial supervision and after approval by the European Parliament. The Vice-Chair of the supervisory board shall be elected by and from the members of the Governing Council of the ECB.
Amendment 836 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Governing Council of the ECB may delegate clearly defined supervisory tasks and related decisions regarding individual or a set of identifiable credit institutions, finasupervisory board will carry out full preparatory works regarding the supervisory tasks conferred upon the ECB and propose to the Governing Councial holding companies or mixed financial holding companies to the supervisory board, subject to the oversight and responsibility of the Governing Councilof the ECB complete draft decisions to be adopted by the latter, pursuant to a procedure to be established in the ECB's rules of procedure. A draft decision will be deemed adopted unless the Governing Council objects within a given deadline.
Amendment 862 #
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Governing Council shall adopt the rules of procedure of the supervisory board including rules on the term of office of the Chair and the Vice-Chair. The term of office of the Chair shall be five years and shall be renewable once. The term of office of the Vice-Chair shall not exceed five years and shall be not be renewable.