13 Amendments of Corien WORTMANN-KOOL related to 2010/0207(COD)
Amendment 106 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) In order to prevent future claims on Deposit Guarantee Schemes, there should be a strong focus on preventive action and supervision, ensuring a coordinated and transparent assessment of business models of new and existing players, based on a common approach agreed between EBA and the competent authorities, potentially resulting in additional supervisory requirements, mandatory changes to the business model, or even exclusion of credit institutions that take irresponsible risks.
Amendment 110 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) This Directive does not prevent Member States to include within the scope of the Directive those institutions which satisfy the definition of credit institutions but are exempted under Article 2 of Directive 2006/48/EC. For the purpose of this Directive, all credit institutions affiliated to the same central body under Article 3(1) of Directive 2006/48/EC together with that central body are treated as one credit institution on a consolidated basis.
Amendment 112 #
Proposal for a directive
Recital 9
Recital 9
(9) Although, in principle, all credit institutions should be members of a Deposit Guarantee Scheme, it should be recognised that there are systems which protect the credit institution itself (Institutional Protection Schemes) and, in particular, ensure its liquidity and solvency. Such schemes guarantee protection for depositors beyond that provided by a Deposit Guarantee Scheme. If such schemes are separate from Deposit Guarantee Schemes, their additional safeguard role of systems should be taken into account when the contributions of its members to Deposit Guarantee Schemes are determined. The harmonised level of coverage should not affect schemes protecting the credit institution itself unless they repay depositors. Depositors should have a claim against all schemes, in particular if protection by a Mutual Guarantee Scheme cannot be ensured. No scheme or system should thus be excluded from this Directive, thereby ensuring a high level of consumer protection and a level-playing field between credit institutions as well as preventing regulatory competition.
Amendment 113 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) The key task of Deposit Guarantee Schemes is to protect depositors against the consequences of insolvency of a credit institution. Deposit Guarantee Schemes should be able to provide this protection at any time through a pure reimbursement ('paybox') function.
Amendment 124 #
Proposal for a directive
Recital 22
Recital 22
(22) The financial means of Deposit Guarantee Schemes should principally be used for the repayment of depositors. They could, however, exceptionally also be used in order to finance the transfer of deposits to another credit institution, provided that the costs borne by the Deposit Guarantee Scheme do not exceed the lowest of a) the amount of covered deposits at the credit institution concerned. They could also to a certain ext or b) the net costs resulting out of repayment, as circumscribed ccording the Directive, be used to finance the prevention of bank failures. Such measures should comply with state aid rules. This is without prejudice to the future Commission policy concerning the establishment of national banko Article 7, paragraph 1 of this Directive. The available financial means may not be used for other purposes or forms of resolution funds.
Amendment 126 #
Proposal for a directive
Recital 24
Recital 24
(24) Contributions to Deposit Guarantee Schemes should take account of the degree of risk incurred by their members. This would allow to reflect the risk profiles of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model. Developing a set of core indicators mandatory for all Member States and another set of optional supplementary indicators, based on a common approach agreed between EBA and the competent authorities, would introduce such harmonisation gradually.
Amendment 147 #
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘target level’ means 1.5% of eligiblecovered deposits for the coverage of which a Deposit Guarantee Scheme is responsible;
Amendment 167 #
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) Deposits in respect of which the depositor and the credit institution have contractually agreed that the deposit shall be applied towards the discharge of specific obligations of the depositor towards the credit institution or another party, provided that by virtue of the law or contractual arrangements, the amount of the deposit can be offset by the depositor or will be offset automatically against such obligations in circumstances where the deposit would otherwise have become an unavailable deposit;
Amendment 244 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
They may howeverexceptionally also be used in order to finance the transfer of deposits to another credit institution, provided that the net costs borne by the Deposit Guarantee Scheme do not exceed the lowest of a) the amount of covered deposits at the credit institution concerned or b) the net costs resulting out of repayment according to Article 7, paragraph 1 of this Directive. In this case, the Deposit Guarantee Scheme shall, within one month from the transfer of deposits, submit a report to the European Banking Authority proving that the limit referred to above was not exceeded. The available financial means may not be used for other purposes or forms of resolution.
Amendment 245 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 3 – introductory part
Article 9 – paragraph 5 – subparagraph 3 – introductory part
Amendment 256 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 4
Article 9 – paragraph 5 – subparagraph 4
Amendment 270 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The contributions to Deposit Guarantee Schemes referred to in Article 9 shall be determined for each member on the basis of the degree of risk incurred by it. Credit institutions shall not pay less than 75% or more than 2300% of the amount that a bank with an average risk would have to contribute. Member States may decide that members of Schemes referred to in Article 1(3) and (4) pay lower contributions to Deposit Guarantee Schemes but not less than 37.5% of the amount that a bank with an average risk would have to contribute.
Amendment 278 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States may allow that all credit institutions affiliated to the same central body under Article 3(1) of Directive 2006/48/EC are subject as a whole to the risk weight determined for the central body and its affiliated institutions on a consolidated basis. Member States may decide that credit institutions shall pay a minimum contribution, irrespective of the amount of their covered deposits.