Activities of Roberts ZĪLE related to 2023/0112(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2014/59/EU as regards early intervention measures, conditions for resolution and financing of resolution action
Amendments (6)
Amendment 59 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
Amendment 76 #
Proposal for a directive
Recital 16
Recital 16
(16) Competent authorities should be empowered to withdraw the authorisation of an institution or entity solely on the basis of the fact that the institution or entity is failing or likely to fail, there are no alternatives to prevent the failure and is not put in resolution. Competent authorities should be able to withdraw the authorisation to support the objective of winding up the institution or entity in accordance with national law, particularly in cases where the available procedures under national law cannot be initiated at the moment the institution or entity is determined to be failing or likely to fail, including the cases where the institution or entity is not yet balance sheet insolvent. To further ensure that the objective of winding up the institution or entity can be achieved, Member States should ensure that the withdrawal of the authorisation by the competent authority is also included among the possible conditions to initiate at least one of the procedures available under national law and applicable to institutions or entities that are failing or likely to fail but are not put in resolution.
Amendment 109 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) In the midst of evolving financial landscapes the modification in the ranking of creditors coupled with the removal of the DGS super preference boost the accessibility of DGSs and the single resolution fund (SRF) over the traditional reliance on public support, and also lays the foundation for more financially astute solutions when addressing the complexities of resolving financial institutions.
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2014/59/EU
Article 27 – paragraph 1 – subparagraph 1 – point a – point ii
Article 27 – paragraph 1 – subparagraph 1 – point a – point ii
(ii) the competent authority deems that remedial actions other than early intervention measures are insufficient to address the problems due inter alia to a rapid and significant deterioration of the financial condition of the institution or entity;
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2014/59/EU
Article 27 – paragraph 1 a – point f a (new)
Article 27 – paragraph 1 a – point f a (new)
(fa) the requirement for the management body of the entity to draw up a plan that the entity can implement in case the relevant corporate body decides to initiate the voluntary wind-down of the entity
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2014/59/EU
Article 30 a – paragraph 2 – subparagraph 3
Article 30 a – paragraph 2 – subparagraph 3
Following the notification referred to in the first subparagraph, competent authorities and resolution authorities shall, in close cooperation,shall monitor the situation of the institution or entity referred to in Article 1(1), points (b), (c) or (d), the implementation of the any relevant measures within their expected timeframe and any other relevant developments. For that purpose, resolution authorities and competent authorities shall meet regularly, with a frequency set by resolution authorities considering the circumstances of the case. Competent authorities and resolution authorities shall provide each other with any relevant information without delay.