51 Amendments of Markus FERBER related to 2013/0253(COD)
Amendment 231 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) significant credit institutions according to Art. 6 Council Regulation (EU) No. /2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions established in participating Member States;
Amendment 267 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 311 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1a (new)
Article 6 – paragraph 4 – subparagraph 1a (new)
All relevant authorities shall consider the principle of proportionality when applying the Regulation. The principle of proportionality implies in particular the impact that a failure of an institution could have, due to the nature of its business, its shareholding structure, its legal form, its risk profile, size and legal status, the interconnectedness to other institutions or to the financial system in general, the scope and the complexity of its activities and its membership of an Institutional Protection Scheme within the meaning of Art. 113 para. 7 Regulation (EU) Nr. 575/2013.
Amendment 393 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Board shall, in consultation with competent authorities, including the ECB, determine the minimum requirement of own funds and eligible liabilities, as referred to in paragraph 2, subject to write down and conversion powers, that institutions and parent undertakings referred to in Article 2 shall be required to maintain. For credit institutions which are not active on capital markets the obligation to maintain the minimum requirement shall be waived by the Board.
Amendment 398 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – point f a (new)
Article 10 – paragraph 3 – subparagraph 1 – point f a (new)
(fa) the extent to which the Deposit Guarantee Scheme according to Article 2 Paragraph 2 [...]* is expected to contribute to the financing of resolution;
Amendment 403 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall inform the ECB and the EBA of the minimum requirement that it has determined for each institution and parent undertaking under according to Article 2 subparagraph 1.
Amendment 407 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 409 #
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. The Board shall have the powerconsult the concerned institution or the IPS when it intends to take early intervention measures. The Board shall have the power to take the following measures only if an institution is failing or likely to fail or an IPS cannot prevent the failure of a member institution:
Amendment 436 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. When acting under the resolution procedure referred to in Article 16, the Commissionnational competent authorities and the Board shall take all appropriate measures to ensure that the resolution action is taken in accordance with the following principles:
Amendment 455 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where an institution is an entity belonging to a group, the Commissionnational competent authorities, where applicable, and the Board shall apply resolution tools and exercise resolution powers in a way that minimises the impact on other entities belonging to the group and on the group as a whole and minimises the adverse effect on financial stability in the Union and particularly in Member States where the group operates.
Amendment 462 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commissionnational competent authorities shall take a resolution action in relation to a financial institution, when the conditions specified in Article 16(2) are met with regard to both the financial institution and with regard to the parent undertaking.
Amendment 467 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Commissionnational competent authorities shall take a resolution action in relation to a parent undertaking referred to in point (b) of Article 2, when the conditions specified in Article 16(2) are met with regard to both that parent undertaking and with regard to one or more subsidiaries which are institutions.
Amendment 471 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. By way of derogation from paragraph 2 and notwithstanding the fact that a parent undertaking may not meet the conditions established in Article 16(2), the Commissionnational competent authorities may take resolution action with regards to that parent undertaking when one or more of the subsidiaries which are institutions comply with the conditions established in Article 16(2) and action with regard to that parent undertaking is necessary for the resolution of one or more subsidiaries which are institutions or for the resolution of the group as a whole.
Amendment 477 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
When applying the bail-in tool to an institution under resolution, and without prejudice to liabilities excluded from the bail-in tool under Article 24(3), the Commissionnational competent authorities shall decide on, and the Board and the national resolution authorities of the participating Member States shall exercise the write down and conversion powers to claims following a reverse order of priority to the following order for normal insolvency procedures:according the Article 43 of the Bank Recovery and Resolution Directive.
Amendment 483 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 490 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 495 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
Amendment 500 #
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
Amendment 505 #
Proposal for a regulation
Article 15 – paragraph 1 – point e
Article 15 – paragraph 1 – point e
Amendment 510 #
Proposal for a regulation
Article 15 – paragraph 1 – point f
Article 15 – paragraph 1 – point f
Amendment 514 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Amendment 530 #
Proposal for a regulation
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(b) having regard to timing and other relevant circumstances, there is no reasonable prospect that any alternative private sector (including measures by Deposit Guarantee Schemes or IPS) or supervisory action (including early intervention measures or the write down or conversion of capital instruments in accordance with Article 14), taken in respect of the entity, would prevent its failure within a reasonable timeframe;
Amendment 536 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. For the purposes of point (c) of paragraph 2, a resolution action shall be treated as in the public interest if it achieves and is proportionate to one or more of the resolution objectives as specified in Article 12 and winding up of the entity under normal insolvency proceedings would not meet those resolution objectives to the same extent. The resolution tools should therefore be applied only to systemically important institutions when it is necessary to pursue the objective of the general financial stability.
Amendment 539 #
Proposal for a regulation
Article 16 – paragraph 5 – introductory part
Article 16 – paragraph 5 – introductory part
5. If all the conditions established in paragraph 2 are met, the Board shall recommend to the Commissionnational competent authorities that the entity be placed under resolution. The recommendation shall include at least the following:
Amendment 557 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Having regard to the urgency of the circumstances in the case, the Commissionnational competent authorities shall decide, on its own initiative or taking into account, if any, the communication referred to in paragraph 1 or the recommendation of the Board referred to in paragraph 5, whether or not to place the entity under resolution, and on the framework of the resolution tools that shall be applied in respect of the entity concerned and of the use of the Fund to support the resolution action. The Commissionnational competent authorities, on its own initiative, may decide to place an entity under resolution if all the conditions referred to in paragraph 2 are met.
Amendment 562 #
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
7. The decision of the Commissionnational competent authorities shall be addressed to the Board. If the Commission decides not to place the entity under resolution, because the condition laid down in paragraph 2(c) is not met, the entity concerned shall be wound up in accordance with national insolvency law.
Amendment 569 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Within the framework set by the Commissionnational competent authorities decision, the Board shall decide on the resolution scheme referred to in Article 20 and shall ensure that the necessary resolution action is taken to carry out the resolution scheme by the relevant national resolution authorities. The decision of the Board shall be addressed to the relevant national resolution authorities and shall instruct those authorities, which shall take all necessary measures to implement the decision of the Board in accordance with Article 26, by exercising any of the resolution powers provided for in Directive [ ], in particular those in Articles 56 to 64 of that Directive [ ]. Where State aid is present, the Board may only decide after the Commission has taken a decision on that State aid.
Amendment 580 #
Proposal for a regulation
Article 16 – paragraph 11
Article 16 – paragraph 11
11. The Commissionnational competent authorities shall have the power to obtain from the Board any information which it deems relevant for fulfilling its tasks under this Regulation and, where applicable, Article 107 TFEU. The Board shall have the power to obtain from any person, in accordance with Chapter 5 of this Title, any information necessary for it to prepare and decide upon a resolution action including updates and supplements of information provided in the resolution plans.
Amendment 585 #
Proposal for a regulation
Article 16 – paragraph 12
Article 16 – paragraph 12
12. The Board shall have the power to recommend to the Commissionnational competent authorities to amend the framework for the resolution tools and for the use of the Fund in respect of an entity placed under resolution.
Amendment 618 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The Commissionnational competent authorities, upon a recommendation of the Board or on its own initiative, shall verify that the conditions referred to in paragraph 1 are met. The Commissionnational competent authorities shall determine whether the powers to write down or convert capital instruments shall be exercised singly or, following the procedure under Article 16(4) to (7), together with a resolution action.
Amendment 621 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Where the Commissionnational competent authorities determines that the conditions referred to in paragraph 1 are met, but the conditions for resolution in accordance with Article 16(2) are not met, the Board, following a decision of the Commissionnational competent authorities, shall instruct the national resolution authorities to exercise the write down or conversion powers in accordance with Articles 51 and 52 of Directive [ ].
Amendment 628 #
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. 5 (new) Member States shall ensure that the bail-in tool is applied in accordance with the legal form of the credit institution concerned.
Amendment 635 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The resolution scheme adopted by the Board under Article 16(8) shall establish, in compliance with the decisions of the Commissionnational competent authorities on the resolution framework under Article 16(6) and with any decision on State aid where applicable by analogy the details of the resolution tools to be applied to the institution under resolution concerning at least the measures referred to in Articles 21(2), 22(2), 23(2) and 24(1) and determine the specific amounts and purposes for which the Fund shall be used.
Amendment 651 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 – introductory part
Article 24 – paragraph 1 – subparagraph 1 – introductory part
The bail-in tool may be applied for either of the following purposes: in accordance in Article 37 and 38 of the Bank Recovery and Resolution Directive:
Amendment 707 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where this is necessary in order to achieve the resolution objectives, the Commissionnational competent authorities, following a recommendation of the Board or on its own initiative, may review its decision on the resolution framework and adopt the appropriate amendments.
Amendment 717 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Board shall inform the Commissionnational competent authorities of any action it takes in order to prepare for resolution. With regard to any information received from the Board, the members of the Commission and Commissionnational competent authorities and the national competent authorities staff shall be subject to the professional secrecy requirement laid down in Article 79.
Amendment 759 #
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
Amendment 767 #
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
Amendment 816 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The Board, in its plenary session, shall take its decisions by a simple majority of its members. However, decisions referred to in point (c) of Article 47(1) shall be taken by a majority of two- thirds of its members.
Amendment 831 #
Proposal for a regulation
Article 50 – paragraph 2 – point b – point i
Article 50 – paragraph 2 – point b – point i
(i) providing the Commissionnational competent authorities, as early as possible, with any relevant information allowing the Commissionnational competent authorities to assess and take a reasoned decision pursuant to Article 16(6);
Amendment 850 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. When deliberating on a cross-border group, the Board shall take its decisions in its executive sessions by a simple majority of its participating members. The members of the Board referred to in Article 40(2), except the Commission, and the member appointed by the Member State in which the group level resolution authority is situated shall each have one vote. The other participating members shall each have a voting right equal to a fraction of one vote and the number of national resolution authorities of the Member States in which a subsidiary or entity covered by consolidated supervision is established. In case of a tie the Executive Director shall have a casting vote.
Amendment 885 #
Proposal for a regulation
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
(a) contributions paid by institutions established in the participating Member States in accordance with Article 62 except for the annual contribution referred to in Article 62(1)(a); the amount of payments depends on the institutional guarantee system. A bank organised in an institute guarantee system may pay a smaller amount.
Amendment 895 #
Proposal for a regulation
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. Entities referred to in Article 2 shall contribute to the budget of the Board in accordance with this Regulation and the delegated actguidelines on contributions adopted pursuant to paragraph 5. The contributions shall comprise the following:
Amendment 900 #
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. The Board shall determine, in accordance with the delegated actguidelines referred to in paragraph 5, the contributions due by each entity referred to in Article 2 in a decision addressed to the entity concerned. The Board shall apply procedural, reporting and other rules ensuring that contributions are fully and timely paid.
Amendment 904 #
Proposal for a regulation
Article 62 – paragraph 5 – introductory part
Article 62 – paragraph 5 – introductory part
5. The Commission shall be empowered to adopt delegated actguidelines on contributions in accordance with Article 82 in order to:
Amendment 918 #
Proposal for a regulation
Article 64 – paragraph 3 a (new)
Article 64 – paragraph 3 a (new)
3a. A Member State may, for the purpose of fulfilling its obligations under Article 65(2), establish its national financing arrangement through mandatory contributions from institutions which are authorised in its territory, which contributions are based on the criteria referred to in Article 66 (1) and 94(7) BRRD and which are not held through a fund controlled by its resolution authority provided that all of the following conditions are fulfilled: (a) the amount raised by contributions is at least equal to the amount that is required to be raised by Article 65; (b) the Member State's resolution authority is entitled to an amount that is equal to the amount of such contributions, which the Member State will make immediately available to that resolution authority upon the latter's request, for use exclusively for the purposes set out in Article 71 (1). The Member State shall notify the Commission of that amount at least annually; and (c) where a Member State avails of the discretion to structure its financing arrangement in accordance with this paragraph it shall notify the Commission and it shall be required to comply with the requirements of this Regulation. The available financial means to be taken into account in order to reach the target level specified in Article 65 may include mandatory contributions from any scheme of mandatory contributions established by a Member State at any date between 17 June 2010 and the [date of publication of this Directive in the Official Journal] from institutions in its territory for the purposes of covering the costs related to systemic risk, failure and resolution of institutions, provided that the Member State complies with this Title VII. Contributions to deposit guarantee schemes shall not count towards the target level for resolution financing arrangements set out in Article 65.
Amendment 921 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. In a period no longer than 10 years after the entry into force of this Regulation, the available financial means of the Fund shand the means of the national financing arrangements shall overall reach at least 1[ ] % of the amount ofliabilities less own funds and less covered deposits of all credit institutions authorised in the participating Member States which are guaranteed under Directive 94/19/ECrelevant Member State.
Amendment 940 #
Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 1
Article 66 – paragraph 1 – subparagraph 1
The individual contribution of each institution shall be raised at least annually and shall be calculated pro-rata to the amount of its liabilities excluding own funds and covered deposits, with respect to the total liabilities, excluding own funds and covered deposits, of all the institutions authorised in the territories of the participating Member States. A lump-sum allowance of EUR 500 million is deducted from the calculation base (liabilities less own funds and covered deposits).
Amendment 944 #
Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
It shall be adjusted in proportion to the risk profile of each institution (including a membership in an IPS), in accordance with the criteria specified in the delegated acts referred to in Article 94(7) of Directive [ ] and may be waived for certain institutions which are not of systemic relevance.
Amendment 1003 #
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
Amendment 1049 #
Proposal for a regulation
Article 88 – paragraph 3
Article 88 – paragraph 3
Article 24 shall apply from 1 January 20185.