25 Amendments of Artur ZASADA related to 2012/0244(COD)
Amendment 96 #
Proposal for a regulation
Recital 3
Recital 3
(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/… [127(6) Regulation] confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the European Banking Authority (EBA) falling within the scope of the ECB tasks.
Amendment 111 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Bearing in mind that the EBA, in works of which all Member States participate with equal rights, was established with an aim to develop the single rulebook and ensure the coherence of supervisory practices within the EU and given the establishment of the single supervisory mechanism with a leading role of the ECB, the EBA needs to be equipped with adequate instruments, which will enable it to efficiently perform its entrusted tasks concerning the integrity of the single market in the area of financial services.
Amendment 118 #
Proposal for a regulation
Recital 5
Recital 5
(5) In view of the supervisory tasks conferred on the ECB by Council Regulation (EU) No …/….../... [127(6) Regulation], EBA should be able to carry out its tasks also in relation to the ECB. In order to ensure that existing mechanisms for settlement of disagreements and actions in emergency situations remain effective, a specificcommon procedure, binding for all competent authorities, should be provided for. In particular, if the competent authority, including the ECB, does not comply with an action by EBA to settle a disagreement or to address an emergency situation, it should be required to explain its reasons. In that case, whenever based on requirements set out in directly applicable Union law EBA can adopt an individual decision addressed to the financial institution concerned, it should do so.
Amendment 123 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The mandate of the EBA to settle disagreements, involving the ECB with regard to cases concerning prudential supervision, can be inferred from the fact that both the establishment of the EBA and the conferment of specific supervisory tasks on the ECB have been introduced through secondary law.
Amendment 127 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure that interests of all Member States are adequately taken into account and to allow for the proper functioning of the EBA with a view to maintain and deepen the internal market in the field of financial services, the voting modalities within the Board of Supervisors should be adapted, in particularboth with regard to decisions taken by the EBA at simple majority and decisions taken at qualified majority.
Amendment 136 #
Proposal for a regulation
Recital 7
Recital 7
(7) Decisions concerning breaches of Union law and settlement of disagreements should be examined by an independent panel composed of voting members of the Board of Supervisors which do not have any conflicts of interest, appointed by the Board of Supervisors. The decisions proposed by the panel to the Board of Supervisors should be considered as adopted uonless rejected by a simple majority, which should include an adequate number of votes from members from Member Sy if accepted by the Board of Supervisors at simple majority in two separate votings, one of which tatkes participating in the SSM and from Member States that do not participate in the SSMlace in the group of the Member States with common euro currency and the second in the group of remaining Member States.
Amendment 141 #
Proposal for a regulation
Recital 8
Recital 8
(8) The members of the independent panel set up according to Article 41(2) of Regulation (EU) No 1093/2010 should not be considered to be in a situation of conflict of interest on the sole ground that they are, in particular, in cases when they representatives of the competent authoritiesy, which are part of the SSM and a given case to be decided upon by the Panel concerns the SSMhas jurisdiction within the Member State, in which the concerned credit institution operates. The EBA should develop rules of procedure for the panel that ensure its independence and objectivity.
Amendment 144 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Since the Member States which entered into close cooperation with the SSM are devoid of voting rights in the Governing Council of the ECB, which results in a lack of effective influence on the decision making process within the SSM, a special procedure for settlement of disagreements between the ECB and a competent authority of a Member State which has entered into close cooperation shall be established, which will compensate for the absence of forceful instruments to sway the decision making process taken within the SSM and at the same time, will safeguard the right to protect justified interests, in particular the stability of the local financial market. To that end, the EBA should be equipped with the ultimate authority to settle disagreements between the ECB and the competent authority of a Member State that has entered into close cooperation with the SSM.
Amendment 148 #
Proposal for a regulation
Recital 9
Recital 9
(9) The composition of the Management Board should be balanced and proper representation of Member States participating in the SSM, remaining in the close cooperation, and not participating in the SSM should be ensured.
Amendment 196 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 1093/2010
Article 18 – paragraph 3a
Article 18 – paragraph 3a
"3a. Where the Authority requests the ECB as competent authority to take the necessary action in accordance with paragraph 3, the ECBcompetent authority shall comply with it or shall provide within 48 hours at the latest adequate justification to the Authority for its non-compliance."
Amendment 197 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 1093/2010
Article 18 – paragraph 3a
Article 18 – paragraph 3a
"3a. Where the Authority requests the ECB as competent authority to take the necessaryspecific action or to refrain from action in accordance with paragraph 3, the ECBcompetent authority shall comply with it or shall provide within 48 hours at the latestwithin ten working days of the receipt of the request provide adequate justification to the Authority for its non-compliance."
Amendment 204 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EU) No 1093/2010
Article 19a (new)
Article 19a (new)
3 b. The following Article is inserted after Article 19: "Article 19a In a situation when the competent authority, which entered into close cooperation with the ECB in accordance with Regulation (EU) No .../... [127(6) TFEU Council Regulation] does not agree with the final supervisory decision adopted by the SSM regarding a credit institution operating in the Member State of its jurisdiction, it has the right to veto the execution of every such decision and refer it to the independent panel, mentioned in the Article 41, established by the EBA. The decision proposed by the independent panel shall be considered as adopted only if accepted by the Board of Supervisors in accordance with Article 44."
Amendment 213 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1093/2010
Article 35 – paragraph 3
Article 35 – paragraph 3
"3. Upon a duly justified request from a competent authority, the Authority mayshall provide any information that is necessary to enable the competent authority to carry out its duties, in accordance with the professional secrecy obligations laid down in sectoral legislation and in Article 70."
Amendment 222 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
"For the purposes of Article 17 and 19, the Board of Supervisors shall establish an independent panel consisting of the Chairperson and twofour members appointed by the Board of Supervisors among its voting members. At least onetwo members of the independent panel shall be from a Member State which is not a participating Member State in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation]currency is not the euro, at least one of which shall be from a Member State not exercising close cooperation with the SSM either."
Amendment 224 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 3
Article 41 – paragraph 3
"3. The panel shall propose a decision for final adoption by the Board of Supervisors, in accordance with the procedure set out in the third subparagraph of Article 44(1)members of the panel shall act independently, objectively in accordance with Article 42 and shall not be in a situation of conflict of interest. It shall be recognized that the members of the panel remain in a situation of conflict of interests, in particular, in cases when they represent the competent authority, which has the jurisdiction within the Member State, in which the concerned credit institution operates."
Amendment 226 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 1093/2010
Article 41 – paragraph 4
Article 41 – paragraph 4
"4. The Board of Supervisors shall adopt rules of procedure for the panel referred to in paragraph 2, including rules implementing the requirement set out in the second subparagraph of that paragraphBy way of derogation from paragraph 2, from the date when the euro is not the currency of only two Member States, the independent panel shall consist of a Chairperson and two members appointed by the Board of Supervisors, among its voting members. At least one member of such an independent panel shall be from a Member State in which currency is not the euro."
Amendment 230 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1093/2010
Article 42
Article 42
Amendment 236 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
"1. Decisions of the Board of Supervisors shall be taken by a simple majority of its memberin two separate votings, one of which takes place in the group of the Members States with common euro currency and the second in the group of remaining Member States. Each member shall have one vote."
Amendment 241 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
"With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions, however the decisions to be passed shall be supported in parallel by at least simple majority of weighted votes in the group Member States with common euro currency, as well as in the group of remaining Member States."
Amendment 246 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 3
Article 44 – paragraph 1 – subparagraph 3
"With regard to decisions in accordance with Articles 17, 19, and 19a, the decision proposed by the panel shall be considered as adopted uonless it is rejected by a simple majority which shall include at least three votes from members of participating Member Sy if accepted by the Board of Supervisors at a simple majority in two separate votings, one of which tatkes and three votes from members ofplace in the group of the Members States which are neither participating Member States in accordance with Regulation (EU) No …/…[127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulationith common euro currency and the second in the group of remaining Member States. Each member shall have one vote."
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 –paragraph 1 – subparagraph 4
Article 44 –paragraph 1 – subparagraph 4
"By way of derogation from the third subparagraph, from the date when four or less Member States are neither participating Member States in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulationthe euro is not the currency in only four Member States, the decision proposed by the panel shall be considered as adopted uonless it is rejected byy if accepted by the Board of Supervisors at a simple majority which shall include at least one vote from members of those Member States. Each member shall have one vote."
Amendment 252 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5
Article 44 –paragraph 1 – subparagraph 5
"By way of derogation from the third subparagraph, from the date when the euro is not the currency in three or less Member States, the decision proposed by the panel shall be considered as adopted, only if accepted by the Board of Supervisors at a qualified majority of five- sixths of its members. Each member shall have one vote."
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5 a (new)
Article 44 –paragraph 1 – subparagraph 5 a (new)
"The independent panel, mentioned in Article 41, with regard to decisions in accordance with Articles 17, 19, and 19a takes the decision at a qualified majority of four-fifths of its members. From the date when the euro is not the currency in only two Member States, the independent panel takes decisions by simple majority."
Amendment 264 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation EU No 1093/2010
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
"The term of office of the members elected by the Board of Supervisors shall be 2 1/2 years. That term may be extended once. The composition of the Management Board shall be balanced and proportionate and shall reflect the Union as a whole. The Management Board shall include at least twohree representatives from Member States in which are not participating Member States in accordance with Regulation [127(6) TFEU Council Regulation] nor havecurrency is not the euro, at least two of which come from the Member States, which did not entered into close cooperation with the ECB in accordance with that RegulationSSM either. Mandates shall be overlapping and an appropriate rotating arrangement shall apply."
Amendment 266 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Regulation (EU) No 1093/2010
Article 58 – paragraph 3
Article 58 – paragraph 3
8 b. Article 58(3) is replaced by the following: "3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list proposed by the Commission, following a public call for expressions of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors. At least one member and his alternate should come from a Member State which currency is not the euro, nor has entered into close cooperation with the ECB in accordance with that Regulation. The other members shall be appointed in accordance with Regulation (EU) No 1094/2010 and Regulation (EU) No 1095/2010."