Activities of Elisa FERREIRA related to 2013/0253(COD)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Bank Resolution Fund and amending Regulation (EU) No 1093/2010 of the European Parliament and of the Council PDF (768 KB) DOC (494 KB)
Amendments (39)
Amendment 431 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Commission and the Board shall balance the objectives referred to in paragraph 2 as appropriate to the nature and circumstances of each case.
Amendment 464 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Board 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 468 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Commission and the Board 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 472 #
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 Commission and the Board 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 478 #
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 Commission and the Board 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:
Amendment 516 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the ECB or a national resolution authoritya competent authority, including the ECB, assesses that the conditions referred to in points (a) and (b) of paragraph 2 are met in relation to an entity referred to in Article 2, it shall communicate that assessment without delay to the Commission and the Board. The communication referred to in the previous subparagraph may take place following a request for assessment from the Board or from a national resolution authority, if any of them considers that there is reason to consider that an institution is failing or likely to fail. The communication referred to in the first subparagraph shall take place after consultation of the Board and of the national resolution authority.
Amendment 526 #
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. On receiving a communication pursuant to paragraph 1, or on its own initiative, the Boardthe Board in its executive session shall conduct an assessment of whether the following conditions are met:
Amendment 572 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Within the framework set by the Commission decision, the Board in its executive session 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 577 #
Proposal for a regulation
Article 16 – paragraph 10
Article 16 – paragraph 10
10. To the extent that the resolution action as proposed by the Board in its executive session involves the use of the Fund and does not entail the grant of State aid pursuant to Article 107(1) of the TFEU, the Commission shall apply in parallel, by way of analogy, the criteria established for the application of Article 107 TFEU.
Amendment 608 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. The ECB, a competent authority or a resolution authority, as designated by a Member State in accordance with Articles 51(1)(ba) and (bb), and 54 of the Directive [ ]ies, including the ECB, shall inform the Board where they assess that the following conditions are met in relation to an entity referred to in Article 2 or a group established in a participating Member State:
Amendment 610 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. The information referred to in the previous paragraph may take place following a request for assessment from the Board or from a national resolution authority, if any of them considers that there is reason to consider that the conditions referred to in the previous subparagraph are met in relation to an entity referred to in Article 2 or a group established in a participating Member State.
Amendment 613 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. For the purposes of point (a) of paragraph 12, thatan entity shall be deemed to be failing or likely to fail where one or more of the circumstances set out in Article 16(3) occur.
Amendment 616 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The Commission, upon a recommendation of the Board or on its own initiative, shall verify that the conditions referred to in paragraph 1 are met. The Commission, upon the recommendation of the Board, 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 626 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Subject to paragraph 5, tThe resolution tools may be applied either separately or together, except for the asset separation tool which may be applied only together with another resolution tool.
Amendment 685 #
Proposal for a regulation
Article 24 – paragraph 8 – point c a (new)
Article 24 – paragraph 8 – point c a (new)
(ca) the loan facility referred to in Article 64(2a) may also be used to finance the contribution of the Fund.
Amendment 704 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point b – point vi
Article 25 – paragraph 1 – subparagraph 1 – point b – point vi
(vi) the extent to which and manner in which the powers for the national resolution authorities listed in Chapter V of Title IV of Directive [ ] are exercised by them;
Amendment 737 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The entities referred to in Article 2 and anyand persons referred to in point (b) of paragraph 1 shall supply the information requested pursuant to paragraph 1. Professional secrecy provisions shall not exempt those entities and persons from the duty to provide that information. The supply of the information requested shall not be deemed to be a breach of professional secrecy.
Amendment 742 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. The Board, the competent authorities, including the ECB, and the national resolution authorities may draw up memorandum of understanding with a procedure concerning the exchange of information.
Amendment 744 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. Where the officials of and other accompanying persons authorised or appointed by the Board find that a person opposes an inspection ordered pursuant to paragraph 1, the national resolution authorities of the participating Member States concerned shall afford them the necessary assistance in accordance with national law. To the extent necessary for the inspection, this assistance shall include the sealing of any business premises and books or records. Where that power is not available to the national resolution authorities concerned, it shall use its powers to request the necessary assistance of other the national resolution authorities.
Amendment 747 #
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. The Board shall instruct the national resolution authority concerned to impose a periodic penalty payment in respect of the relevant entity referred to in Article 2 in accordance with Directive [ ]in order to compel:
Amendment 801 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The national Parliament of a participating Member State may invite the Executive Director to participate in an exchange of views in relation to the resolution of credit institutionsentities referred to in Article 2 in that Member State together with a representative of the national resolution authority.
Amendment 823 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. When deliberating on a cross-border group the member appointed by the Member State in which the group level resolution authority is situated, as well as the members appointed by the Member States in which a subsidiary, branch or entity covered by consolidated supervision is established, shall also participate in the deliberations and in the decision-making process in accordance with Article 521(2) and (3).
Amendment 838 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. The Board, in its executive session, shall meet on the initiative of the Executive Director or at the request of any of its members.
Amendment 853 #
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 4039(2) 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, branch or entity covered by consolidated supervision is established. The determination of the fraction of the vote of the national resolution authority of each Member State in which a subsidiary, branch or entity covered by consolidated supervision is established shall take into account the relative importance of the subsidiary, branch or entity covered by consolidated supervision in the economy of each host Member State and in the group as a whole. In case of a tie the Executive Director shall have a casting vote.
Amendment 858 #
Proposal for a regulation
Article 51 – paragraph 4 – subparagraph 2
Article 51 – paragraph 4 – subparagraph 2
Meetings of the Board in its executive session shall be convened by the Executive Director on his own initiative or upon request of twoany of its members, and shall be chaired by the Executive Director. The Board in its executive session may invite observers to attend its executive sessionmeetings on an ad hoc basis.
Amendment 886 #
Proposal for a regulation
Article 57 – paragraph 2 – point d a (new)
Article 57 – paragraph 2 – point d a (new)
(da) interest paid on loans received in the framework of the loan facility referred to in Article 64(2a).
Amendment 899 #
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. The Board shall determineFollowing a proposal by the competent authority, including the ECB, in accordance with the delegated acts referred to in paragraph 5, the Board shall determine 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 971 #
Proposal for a regulation
Article 68 – paragraph 1 – point c
Article 68 – paragraph 1 – point c
Amendment 1020 #
Proposal for a regulation
Article 79 – paragraph 2 a (new)
Article 79 – paragraph 2 a (new)
2a. The professional secrecy requirements referred to in paragraphs 1 and 2 shall also apply to observers who attend the Board's meetings on an ad hoc basis.
Amendment 1021 #
Proposal for a regulation
Article 79 – paragraph 2 b (new)
Article 79 – paragraph 2 b (new)
2b. The professional secrecy requirements referred to in paragraphs 1 and 2 apply notwithstanding Regulation (EC) 1049/2001.
Amendment 1022 #
Proposal for a regulation
Article 80 – title
Article 80 – title
Amendment 1023 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
Amendment 1024 #
Proposal for a regulation
Article 80 – paragraph 1 – footnote 28
Article 80 – paragraph 1 – footnote 28
Amendment 1025 #
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
Amendment 1026 #
Proposal for a regulation
Article 80 – paragraph 3
Article 80 – paragraph 3
Amendment 1027 #
Proposal for a regulation
Article 80 – paragraph 4 a (new)
Article 80 – paragraph 4 a (new)
4a. Persons who are the subject of the Board's decisions shall be entitled to have access to the Board'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.
Amendment 1030 #
Proposal for a regulation
Article 83 – paragraph 1 – point a
Article 83 – paragraph 1 – point a
(a) the functioning of the SRM and the impact of the its resolution activities on the interests of the Union as a whole and on the coherence and integrity of the internal market in financial services, including its possible impact on the structures of the national banking systems within the Union, on their competitiveness in comparison with other banking systems outside the SRM and outside the Union, and regarding the effectiveness of cooperation and information sharing arrangements within the SRM, between the SRM and the SSM, and between the SRM and national resolution authorities and national competent authorities of non- participating Member States;
Amendment 1031 #
Proposal for a regulation
Article 83 – paragraph 1 – point d
Article 83 – paragraph 1 – point d
(d) the interaction between the Board and the national resolution authorities of non- participating Member States and the effects of the SRM on these Member States, and the interaction between the Board and national resolution authorities of third countries.
Amendment 1042 #
Proposal for a regulation
Article 87 – paragraph 2 – point d a (new)
Article 87 – paragraph 2 – point d a (new)
(da) the Commission may negotiate the establishment of the loan facility referred to in Article 64(2a).