7 Amendments of Eero HEINÄLUOMA related to 2023/0115(COD)
Amendment 118 #
Proposal for a directive
Recital 26
Recital 26
(26) To ensure that preventive measures achieve their objective, credit institutions should be required to prepare a noterestructuring plan outlining the measures that they commit to undertake. The preparation of such note should not be too burdensome and time- consuming for the credit institution to ensure the possibility for the DGS to intervene early enough. Therefore, the note accompanying preventive measures should take the form of a sufficiently short explanatory document. Such noteor the competent authority to intervene early enough. Such restructuring plan should contain all elements which aim at preventing the outflow of funds and strengthening the capital and liquidity position of the credit institution, enabling the credit institution to comply with all the relevant prudential and other regulatory requirements on a forward-looking basis. Such noterestructuring plan should therefore contain capital raising measures, including rules on the issuance of rights, the voluntary conversion of subordinated debt instruments, liability management exercises, capital generating sales of assets, the securitisation of portfolios, and earnings retention, including dividend bans and bans on the acquisition of stakes in undertakings. For the same reason, during the implementation of the measures envisaged in the noterestructuring plan , credit institutions should also strengthen their liquidity positions and refrain from aggressive commercial practices, and from the repurchasing of own shares or call hybrid capital instruments. Such noterestructuring plan should also contain an exit strategy for any support measures received. Competent authorities are best positioned to be consulted on the relevance and credibility of the measures envisaged in the noterestructuring plan . To ensure that the designated authorities of the DGS that is requested to finance a preventive measure by the credit institution can assess that all the conditions for preventive measures are fulfilled, the competent authorities should cooperate with the designated authorities. To ensure a consistent approach to the application of preventive measures across the Union, the EBA should issue guidelines to assist credit institutions to draft such a note.restructuring plan
Amendment 254 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11b – paragraph 1
Article 11b – paragraph 1
1. Member States shall ensure that credit institutions which request a DGS to finance preventive measures in accordance with Article 11(3) present to the competent authority for consultation a note with measures that those credit institutions commit to undertake to ensure or restoreapproval a restructuring plan to ensure or restore long term viability an compliance with the supervisory requirements applicable to the credit institution concerned and that are laid down inin accordance with Directive 2013/36/EU and Regulation (EU) No 575/2013.
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11b – paragraph 2
Article 11b – paragraph 2
2. The noterestructuring plan referred to in paragraph 1 shall set out actions to mitigate the risk of deterioration of the financial soundness and strengthen the credit institution’s capital and liquidity position.
Amendment 258 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11b – paragraph 3
Article 11b – paragraph 3
3. Member States shall ensure that in the event of a capital support measure, the noterestructuring plan referred to in paragraph 1 identifies all capital raising measures that can be implemented, including safeguards preventing outflows of funds, a forward- looking capital adequacy assessment, and a subsequent determination of the capital shortfall that the DGS has to cover.
Amendment 275 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11c – paragraph 1
Article 11c – paragraph 1
1. Member States shall ensure that where the credit institution fails to fulfil the commitments outlined in the noterestructuring plan referred to in Article 11b(1), or fails to repay the amount contributed under the preventive measures at maturity, the DGS informs the competent authority thereof without delay.
Amendment 281 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11c – paragraph 4
Article 11c – paragraph 4
4. By … [OP – please insert the date = 424 months after the date of entry into force of this Directive] the EBA shall issue guidelines setting elements of the noterestructuring plan accompanying the preventive measures referred to in Article 11b(1) and the remediation plan referred to in paragraph 1 of this Article.
Amendment 312 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point c
Article 1 – paragraph 1 – point 14 – point c
Directive 2014/49/EU
Article 14 – paragraph 2a
Article 14 – paragraph 2a
2a. Member States shall ensure that a DGS of a host Member State may, subject to an agreement with a DGS of a home Member State, act as the point of contact for depositors at credit institutions that exercise the freedom to provide services as referred to in Title V, Chapter 3, of Directive 2013/36/EU, and shall be compensated for the costs incurred. DGS of a home Member State shall provide to the DGS of the host Member State information on the number of depositors, amount of covered deposits and possible relevant changes to these.