2 Amendments of Ieke van den BURG related to 2008/0082(COD)
Amendment 3 #
Proposal for a directive – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2002/47/EC
Recital 9 a (new)
Recital 9 a (new)
(-1) The following recital 9 a shall be inserted: "(9a) In order to limit the administrative burdens for parties using financial collateral coming within the scope of this Directive, the only perfection requirement which national law may impose in respect of financial collateral should be that the financial collateral is delivered, transferred, held, registered or otherwise designated so as to be in the possession or under the control of the collateral taker or of a person acting on the collateral taker's behalf while not excluding collateral techniques where the collateral provider is allowed to substitute collateral or to withdraw excess collateral. This Directive does not preclude Member States from requiring that a credit claim be delivered by means of its inclusion in a list of claims."
Amendment 44 #
Proposal for a directive – amending act
Article 2 – point -1 (new)
Article 2 – point -1 (new)
Directive 2002/47/EC
Recital 9
Recital 9
(-1) Recital 9 shall be replaced by the following: “(9) In order to limit the administrative burdens for parties using financial collateral under the scope of this Directive, the only perfection requirement which national law may impose in respect of financial collateral should be that the financial collateral is delivered, transferred, held, registered or otherwise designated so as to be in the possession or under the control of the collateral taker or of a person acting on the collateral taker's behalf while not excluding collateral techniques where the collateral provider is allowed to substitute collateral or to withdraw excess collateral. This Directive should not prohibit Member States from requiring that a credit claim be delivered by means of inclusion in a list of claims.”