119 Amendments of Sławomir NITRAS related to 2012/0150(COD)
Amendment 263 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) credit institutions and investment firms;
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
Amendment 266 #
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 267 #
Proposal for a directive
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
Amendment 280 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 281 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 284 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 285 #
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Amendment 286 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 287 #
Proposal for a directive
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
Amendment 288 #
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Amendment 289 #
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Amendment 290 #
Proposal for a directive
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Amendment 292 #
Proposal for a directive
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
(23) ‘institution’ means a credit institution or an investment firm;
Amendment 297 #
Proposal for a directive
Article 2 – paragraph 1 – point 36 – point a
Article 2 – paragraph 1 – point 36 – point a
Amendment 300 #
Proposal for a directive
Article 2 – paragraph 1 – point 70
Article 2 – paragraph 1 – point 70
(70) ‘relevant parent institution’ means a parent institution in a Member State, a Union parent institution, a financial holding company, a mixed financial holding company, a mixed-activity holding, a parent financial holding company in a Member State, a Union parent financial holding company, a parent mixed financial holding company in a Member State, or a Union parent mixed financial holding company, in relation to which the bail-in tool is applied;
Amendment 302 #
Proposal for a directive
Article 2 – paragraph 1 – point 74
Article 2 – paragraph 1 – point 74
(74) ‘institution under resolution’ means an institution, a financial institution, a financial holding company, a mixed financial holding company, a mixed- activity holding company, a parent financial holding company in a Member State, a Union parent financial holding company, a parent mixed financial holding company in a Member State, or a Union parent mixed financial holding company, in respect of which a resolution action is taken;
Amendment 303 #
Proposal for a directive
Article 2 – paragraph 1 – point 76
Article 2 – paragraph 1 – point 76
(76) ‘Union parent undertaking’ means a Union parent institution, an Union parent financial holding company or a Union parent mixed financial holding company;
Amendment 466 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that parent undertakings or institutions that are subject to consolidated supervision pursuant to Articles 125 and 126 of Directive 2006/48/EC draw up and submit to the consolidating supervisor a group recovery plan that includes a recovery plan for the whole group, including for the companies referred to in points (c) and (d) of Article 1, as well as awhich is based on recovery plan fors of each institution that is part of the groupapproved by competent authorities in accordance with Article 6.
Amendment 472 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The consolidating supervisor shall transsubmit the group recovery plans to the relevant competent authorities referred to in Article 131a of Directive 2006/48/EC and to EBA.
Amendment 473 #
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
The group recovery plan shall aim to achieve the stabilisation of the group as a whole, or any institutionevery entity of the group , when it is in a situation of stress so as to address or remove the causes of the distress and restore the financial situation of the group or the institution in question.
Amendment 476 #
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
The group recovery plan shall include arrangements to ensure the coordination and consistency of measures to be taken at the level of the parent undertaking or relevant institution subject to consolidated supervision, and at the level of the companies referred to in points (c) and (d) of Article 1 as well as measures to be taken at the level of individual institutions.
Amendment 478 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 486 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
For each of the scenarios, the group recovery plan shall identify whether there are obstacles to the implementation of recovery measures within the group, and whether there are substantial practical or legal impediments to the prompt transfer of own funds or the repayment of liabilities or assets within the groupat the level of each entity.
Amendment 493 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The consolidating supervisor together with the competent authorities shall review the group recovery plan, including the recovery plans for individual institutions that are part of the group, and assess the extent to which it satisfies the requirements and criteria set out in Articles 6 and 7. That assessment shall be made in accordance with the procedure established in Article 6 and the provisions of this Article.
Amendment 496 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
The consolidating supervisor together with the competent authorities shall carry out the review and assessment of the group recovery plan, including the recovery plans for individual institutions that are part of the group, in consultation and cooperation with the competent authorities referred to in Article 131a of Directive 2006/48/EC. The review and assessment in accordance with Article 6(2) of this Directive of the group recovery plan and, if necessary, the request to take measures in accordance with Article 6(4) of this Directive shall take the form of joint decisions by the authorities referred to in Article 131a of Directive 2006/48/EC.
Amendment 502 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
In the absence of a joint decision between the competent authorities within four months, the consolidating supervisor shall make its own decision on the review and assessment of the group recovery plan or on the measures required in accordance with Article 6(4). The decision shall be set out in a document containing the fully reasoned decision and should take into account the views and reservations of the other competent authorities expressed during the four-month period. The consolidating supervisor shall notify the decision to the parent undertaking of the institution subject to consolidated supervision and to the other competent authoritiesmay consult EBA at the request of any of the other competent authority or on its own initiative. In this case EBA may carry out non-binding mediation in accordance with Article 31 (c) of Regulation (EU) No 1093/2010.
Amendment 507 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
Amendment 513 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Anyll competent authority that disagrees with the assessment of the group recovery plan or any action that the parent undertaking or institution would be required to take as a result of that assessment in accordance with Article 6(2) and (4) of this Directive, may refer the matter to EBA in accordance with Article 19 of Regulation (EU) No 1093/2010. The matter may not be referred to EBA after the end of the four- month period or after a joint decision has been reachedies involved shall defer their decisions pending the conclusions of the non-binding mediation.
Amendment 516 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. EBA shall take its decision within one month, and the four-month period referred to in paragraph 3 will be treated as the conciliation period within the meaning of Regulation (EU) No 1093/2010If as a result of the mediation process no agreement has been reached by the competent authorities within one month, each competent authority responsible for supervision on individual basis shall take its own decisions with respect to institutions in their jurisdiction. Where an authority makes such decisions, it must consider the impact of that action on financial stability in other Member States.
Amendment 518 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 529 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Resolution authorities, in consultation with competent authorities, shall draw up a resolution plan for each institution that is not part of a group subject to consolidated supervision pursuant to Articles 125 and 126 of Directive 2006/48/EC. The resolution plan shall provide for the resolution actions which the resolution and competent authorities may take where the institution meets the conditions for resolution.
Amendment 569 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that resolution authorities draw up group resolution plans. Group resolution plans shall include both a plan for resolution at the level of the parent undertaking or institution subject to consolidated supervision pursuant to Article 125 and 126 of Directive 2006/48/EC and the resolution plans for the individual subsidiary institutions drawn up in accordance with Article 9 of this Directive. The group resolution plans shall also include plans for the resolution of the companies referred to in points (c) and (d) of Article 1 and plans for the resolution of institutions with branches in other Member States in compliance with the provisions of Directive 2001/24/EC.
Amendment 573 #
Proposal for a directive
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(a) set out the resolution actions to be taken with regards to the group as a whole or part of the group, including individual subsidiargroup entities, both through resolution actions in respect to the companies referred to in Article 1(d), the parent undertaking and subsidiary institutions and through coordinated resolution actions in respect of subsidiary institutions, in those scenarios provided for in Article 9(2);
Amendment 574 #
Proposal for a directive
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) examine the extent to which the resolution tools and powers could be applied and exercised in a coordinated way to group entities located in the Union, including measures to facilitate the purchase by a third party of the group as a whole, or separate business lines or activities that are delivered by a number of group entities, or particular group entities, and identify any potential impediments to a coordinated resolution;
Amendment 579 #
Proposal for a directive
Article 11 – paragraph 3 – point e
Article 11 – paragraph 3 – point e
Amendment 589 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The group level resolution authority shall transsubmit the information provided in accordance with this paragraph to EBA, to the resolution authorities of the subsidiaries institutions, to the relevant competent authorities referred to in Articles 130 and 131a of Directive 2006/48/EC and to the resolution authorities of the Member States where the companies referred to in points (c) and (d) of Article 1 are established.
Amendment 592 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall ensure that group level resolution authorities, acting jointly with the resolution authorities referred to in the second subparagraph of paragraph 1, in resolution colleges and in consultation withGroup level resolution authorities shall after consulting all the relevant competent authorities, draw up and maintain group resolution plans. Group level resolution authorities may, at their discretion, involve in the drawing up and maintenance of group resolution plans third country resolution authorities of jurisdictions in which the group has established subsidiaries or financial holding companies or significant branches as referred to in Article 42a of Directive 2006/48/EC, where appropriate and based on the relevance of the entity within the group and its significance for the local market.
Amendment 601 #
Proposal for a directive
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
In the absence of such a joint decision between the resolution authorities within four months, the group level resolution authority shall make its own decision. The decision shall be set out in a document containing the fully reasoned decisions and shall take into account the views and reservationsmay consult EBA at the request of any of the other competentresolution authorities expressed during the four- month period. The group level resolution authority shall provide the decision to the parent undertakings or institution which is subject to consolidated supervision and to other resolution authoritiesconcerned or on its own initiative. In this case EBA may carry out non-binding mediation in accordance with Article 31(c) of Regulation (EU) No 1093/2010.
Amendment 604 #
Proposal for a directive
Article 12 – paragraph 4 – subparagraph 3
Article 12 – paragraph 4 – subparagraph 3
Amendment 612 #
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. A resolution authority that disagrees with any element of the group resolution plan may refer the matter to EBA in accordance with Article 19 of Regulation (EU) No 1093/2010. The matter may not be referred to EBA after the end of the four-month period or after a joint decision has been reachedll the authorities involved shall defer their decisions pending the conclusions of the non-binding mediation.
Amendment 616 #
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. EBA shall take a decision within one month, and the four-month period shall be tIf as a result of the mediation process no agreement has been reatched asby the conciliation periodresolution authorities within thone meaning of that Regulation. The subsequent decision of the group level resolution authority shall comply with the decision of EBAonth, each resolution authority may take its own decisions with respect to institutions in their jurisdiction. Where a resolution authority makes such decisions, it must consider the impact of that action on financial stability in other Member States.
Amendment 618 #
Proposal for a directive
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 625 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that resolution authorities, in consultation with competent authorities, assess the extent to which institutions and groups are resolvable without the assumption of extraordinary public financial support besides the use of the financing arrangements established in accordance with Article 91. An institution or group shall be deemed resolvable if it is feasible and credible for the resolution authority to either liquidate it under normal insolvency proceedings or to resolve it by applying the different resolution tools and powers to the institution and group without giving rise to significant adverse consequences for the financial systems, including in circumstances of broader financial instability or system wide events, of the Member State in which the institution is situated, having regard to the economy or financial stability in that same or other Member State or the Union and with a view to ensure the continuity of critical functions carried out by the institution or group either because they can be easily separated in a timely manner or by other means.
Amendment 630 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 665 #
Proposal for a directive
Article 14 – paragraph 4 – point h
Article 14 – paragraph 4 – point h
Amendment 670 #
Proposal for a directive
Article 14 – paragraph 4 – point i
Article 14 – paragraph 4 – point i
Amendment 672 #
Proposal for a directive
Article 14 – paragraph 4 – point j
Article 14 – paragraph 4 – point j
Amendment 687 #
Proposal for a directive
Article 14 – paragraph 8 – subparagraph 1
Article 14 – paragraph 8 – subparagraph 1
EBA shall develop draft regulatory technical standardguidelines for specifying the measures provided for in paragraph 4 and the circumstances in which each measure may be applied.
Amendment 688 #
Proposal for a directive
Article 14 – paragraph 8 – subparagraph 2
Article 14 – paragraph 8 – subparagraph 2
EBA shall submit those draft regulatory technical standardguidelines to the Commission within twelve months from the date of entry into force of this Directive.
Amendment 689 #
Proposal for a directive
Article 14 – paragraph 8 – subparagraph 3
Article 14 – paragraph 8 – subparagraph 3
Amendment 702 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The group level resolution authority, in cooperation with the consolidating supervisor together with competent authorities and EBA in accordance with Article 25(1) of Regulation (EU) No 1093/2010, shall prepare and submit a report to the parent undertakings or institution subject to consolidated supervision and to the resolution authorities of the subsidiaries. The report shall be prepared in consultationtogether with the competent authorities, and shall analyse the substantive impediments to the effective application of the resolution tools and the exercising of the resolution powers in relation to the group. The report shall also recommend any measures that, in the authorities' view, are necessary or appropriate to remove those impediments.
Amendment 707 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Amendment 712 #
Proposal for a directive
Article 15 – paragraph 6 – subparagraph 1
Article 15 – paragraph 6 – subparagraph 1
In the absence of a joint decision within four months from the date of submission of the report referred to in paragraphs 1 or 2, the group level resolution authority shall make its own decision on the appropriate measures to be taken in accordance with Article 14(3) in relation to the group as a wholeconsult EBA at the request of any other authority concerned or on its own initiative. In this case EBA may carry out non-binding mediation in accordance with Article 31(c) of Regulation (EU) No 1093/2010. All the authorities involved shall then defer their decisions pending the conclusions of the non-binding mediation. If as a result of the mediation process no agreement has been reached by the competent authorities within one month, each authority may take its own decisions with respect to institutions in their jurisdiction. Where an authority makes such decisions, it must consider the impact of that action on financial stability in other Member States.
Amendment 715 #
Proposal for a directive
Article 15 – paragraph 6 – subparagraph 2
Article 15 – paragraph 6 – subparagraph 2
Amendment 720 #
Proposal for a directive
Article 15 – paragraph 6 – subparagraph 3
Article 15 – paragraph 6 – subparagraph 3
Amendment 726 #
Proposal for a directive
Article 15 – paragraph 6 – subparagraph 4
Article 15 – paragraph 6 – subparagraph 4
Amendment 756 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. In the absence of a joint decision between the competent authorities within four months, the consolidating supervisor shall make its own decision on consult EBA at the request of any other application. The decision shall be set out in a document containing the full reasoning and shall takeuthority concerned or on its own initiative. In this case EBA may carry out non-binding mediation into account the views and reservations of the other competent authorities expressed during the four-month period. The consolidating supervisor shall notify the decision to the applicant and the other competent authoritiesrdance with Article 31(c) of Regulation (EU) No 1093/2010. All the authorities involved shall then defer their decisions pending the conclusions of the non-binding mediation.
Amendment 760 #
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
6. If, at the end of the four-month period, any of the competent authorities concerned has referred the matter to EBA in accordance with Article 19 of Regulation (EU) No 1093/2010, the consolidating supervisor shall defer its decision and await any decision that EBA may take in accordance with Article 19(3) of that Regulation, and shall take its decision in confs a result of the mediation process no agreement has been reached by the competent authorities within one month, each authority may take its own decisions with respect to institutions in their jurisdiction. Where an authormity with the decision of EBA. The four-month period shall be deemed the conciliation period within the meaning of that Regulation. EBA shall take its decision within one month. The matter shall not be referred to EBA after the end of the four-month period or after a joint decision has been reachedmakes such decisions, it must consider the impact of that action on financial stability in other Member States.
Amendment 791 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 839 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
EBA shall develop draft implementing technical standardguidelines in order to ensure consistent application of the measures provided for in paragraph 1 of this Article.
Amendment 841 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
EBA shall submit those draft implementing technical standardguidelines to the Commission within twelve months from the date of entry into force of this Directive.
Amendment 842 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 3
Article 23 – paragraph 2 – subparagraph 3
Amendment 870 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 877 #
Proposal for a directive
Article 25 – paragraph 5 – subparagraph 2
Article 25 – paragraph 5 – subparagraph 2
Amendment 888 #
Proposal for a directive
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) to avoid significant adverse effects on financial stability of each Member State and the European Union as a whole, including by preventing contagion, and maintaining market discipline;
Amendment 939 #
Proposal for a directive
Article 28
Article 28
Amendment 954 #
Proposal for a directive
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) senior management (as a whole or particular representatives) of the institution under resolution is replaced;
Amendment 968 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where an institution is aIn the case of the group entity, the group resolution authoritiesy shall apply the resolution tools and exercise resolution powers towards the parent undertaking in a way that minimises the impact on affiliated institutions and on the group as a whole and minimises the adverse effect on financial stability in the Union and, in particular, in the countries where the group operates and in the Union as a whole.
Amendment 996 #
Proposal for a directive
Article 30 – paragraph 7 – subparagraph 1 – introductory part
Article 30 – paragraph 7 – subparagraph 1 – introductory part
EBA shall develop draft regulatory technical standardguidelines to specify the following criteria for the purposes of paragraphs 1 and 2 of this Article, and for the purposes of Article 66:
Amendment 1002 #
Proposal for a directive
Article 30 – paragraph 7 – subparagraph 2
Article 30 – paragraph 7 – subparagraph 2
EBA shall submit those draft regulatory technical standardguidelines to the Commission within twelve months from the date of entry into force of this Directive.
Amendment 1003 #
Proposal for a directive
Article 30 – paragraph 7 – subparagraph 3
Article 30 – paragraph 7 – subparagraph 3
Amendment 1021 #
Proposal for a directive
Article 33 – paragraph 4 – subparagraph 1
Article 33 – paragraph 4 – subparagraph 1
EBA shall develop draft regulatory technical standardguidelines to specify the factual circumstances amounting to a material threat and the elements related to the effectiveness of the sale of business tool provided for in points (a) and (b) of paragraph 3.
Amendment 1022 #
Proposal for a directive
Article 33 – paragraph 4 – subparagraph 2
Article 33 – paragraph 4 – subparagraph 2
EBA shall submit those draft regulatory technical standardguidelines to the Commission within twelve months from the date of entry into force of this Directive.
Amendment 1023 #
Proposal for a directive
Article 33 – paragraph 4 – subparagraph 3
Article 33 – paragraph 4 – subparagraph 3
Amendment 1039 #
Proposal for a directive
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
Amendment 1098 #
Proposal for a directive
Article 38 – paragraph 2 – subparagraph 1 – point d
Article 38 – paragraph 2 – subparagraph 1 – point d
Amendment 1199 #
Proposal for a directive
Article 40
Article 40
Amendment 1240 #
Proposal for a directive
Article 44 – paragraph 4 – subparagraph 1
Article 44 – paragraph 4 – subparagraph 1
EBA shall develop draft regulatory technical standardguidelines specifying methodologies and the principles referred to in points (a) and (b) of paragraph 3 on the valuation of liabilities arising from derivatives.:
Amendment 1241 #
Proposal for a directive
Article 44 – paragraph 4 – subparagraph 2
Article 44 – paragraph 4 – subparagraph 2
EBA shall submit those draft regulatory technical standardguidelines to the Commission by within twelve months from the entry into force of this Directive.
Amendment 1243 #
Proposal for a directive
Article 44 – paragraph 4 – subparagraph 3
Article 44 – paragraph 4 – subparagraph 3
Amendment 1263 #
Proposal for a directive
Article 47 – paragraph 10 – subparagraph 1 – introductory part
Article 47 – paragraph 10 – subparagraph 1 – introductory part
EBA shall develop draft regulatory technical standardguidelines to specify further:
Amendment 1265 #
Proposal for a directive
Article 47 – paragraph 10 – subparagraph 2
Article 47 – paragraph 10 – subparagraph 2
EBA shall submit those draft regulatory technical standardguidelines to the Commission within twelve months from the date of entry into force of this Directive.
Amendment 1266 #
Proposal for a directive
Article 47 – paragraph 10 – subparagraph 3
Article 47 – paragraph 10 – subparagraph 3
Amendment 1268 #
Proposal for a directive
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Member States shall, in appropriate cases, require individual institutions to maintain at all times sufficient authorised share capital so that, in the event that the resolution authority exercised the powers referred to in points (f), (g) and (h) of Article 56(1) in relation to an institution or its subsidiaries, the institution is not be prevented from issuing sufficient new shares or instruments of ownership to ensure that the conversion of liabilities into ordinary shares or other instruments of ownership could be carried out effectively.
Amendment 1295 #
Proposal for a directive
Article 57 – paragraph 1 – point c
Article 57 – paragraph 1 – point c
Amendment 1297 #
Proposal for a directive
Article 58 – paragraph 5 – subparagraph 1
Article 58 – paragraph 5 – subparagraph 1
EBA shall develop draft regulatory technical standardguidelines to specify the services or facilities that are necessary to enable a recipient to operate effectively a business transferred to it.
Amendment 1298 #
Proposal for a directive
Article 58 – paragraph 5 – subparagraph 2
Article 58 – paragraph 5 – subparagraph 2
EBA shall submit those draft regulatory technical standardguidelines to the Commission within twelve months from the date of entry into force of this Directive.
Amendment 1299 #
Proposal for a directive
Article 58 – paragraph 5 – subparagraph 3
Article 58 – paragraph 5 – subparagraph 3
Amendment 1300 #
Proposal for a directive
Article 59 – paragraph 1
Article 59 – paragraph 1
Amendment 1309 #
Proposal for a directive
Article 63 – paragraph 7 – subparagraph 1 – introductory part
Article 63 – paragraph 7 – subparagraph 1 – introductory part
EBA shall develop draft regulatory technical standardguidelines specifying the following elements for the purposes of paragraph 6:
Amendment 1310 #
Proposal for a directive
Article 63 – paragraph 7 – subparagraph 2
Article 63 – paragraph 7 – subparagraph 2
EBA shall submit those draft regulatory technical standardguidelines to the Commission within twelve months from the date of entry into force of this Directive.
Amendment 1311 #
Proposal for a directive
Article 63 – paragraph 7 – subparagraph 3
Article 63 – paragraph 7 – subparagraph 3
Amendment 1339 #
Proposal for a directive
Article 74 – paragraph 8 – subparagraph 1 – introductory part
Article 74 – paragraph 8 – subparagraph 1 – introductory part
EBA shall develop draft regulatory technical standardguidelines in order to specify the procedures, contents and conditions related to the following requirements:
Amendment 1340 #
Proposal for a directive
Article 74 – paragraph 8 – subparagraph 2
Article 74 – paragraph 8 – subparagraph 2
EBA shall submit those draft regulatory technical standardguidelines to the Commission within twelve months from the date of entry into force of this Directive.
Amendment 1341 #
Proposal for a directive
Article 74 – paragraph 8 – subparagraph 3
Article 74 – paragraph 8 – subparagraph 3
Amendment 1363 #
Proposal for a directive
Article 76 – paragraph 5 – subparagraph 1
Article 76 – paragraph 5 – subparagraph 1
EBA shall develop draft implementing technical standardguidelines to specify how information should be provided in summary or collective form for the purposes of paragraph 2.
Amendment 1364 #
Proposal for a directive
Article 76 – paragraph 5 – subparagraph 2
Article 76 – paragraph 5 – subparagraph 2
EBA shall submit those draft implementing technical standardguidelines to the Commission within twelve months from the date of entry into force of this Directive.
Amendment 1365 #
Proposal for a directive
Article 76 – paragraph 5 – subparagraph 3
Article 76 – paragraph 5 – subparagraph 3
Amendment 1368 #
Proposal for a directive
Article 80 – paragraph 3 – subparagraph 1
Article 80 – paragraph 3 – subparagraph 1
The public bodies participating in the colleges shall cooperate closely. The group level resolution authority shall coordinate all activities of resolution colleges and convene and chair all its meetings. The group level resolution authority shall keep all members of the college and EBA fully informed in advance of the organisation of such meetings, of the main issues to be discussed and of the activities to be considered. The group level resolution authority shall decide which authorities and ministries should participate in particular meetings or activities of the college, on the basis of the specific needs. The group level resolution authority shall also keep all the members of the college informed in a timely manner, of the actions and decisions taken in those meetings or the measures carried out.
Amendment 1369 #
Proposal for a directive
Article 80 – paragraph 3 – subparagraph 2
Article 80 – paragraph 3 – subparagraph 2
Amendment 1371 #
Proposal for a directive
Article 80 – paragraph 6
Article 80 – paragraph 6
Amendment 1376 #
Proposal for a directive
Article 80 – paragraph 9 – subparagraph 1
Article 80 – paragraph 9 – subparagraph 1
EBA shall develop draft regulatory standardguidelines in order to specify the operational functioning of the resolution colleges for the performance of the tasks provided for in paragraphs 1, 3, 5, 6 and 7.
Amendment 1377 #
Proposal for a directive
Article 80 – paragraph 9 – subparagraph 2
Article 80 – paragraph 9 – subparagraph 2
EBA shall submit those draft regulatory technical standardguidelines to the Commission within twelve months from the date of entry into force of this Directive.
Amendment 1378 #
Proposal for a directive
Article 80 – paragraph 9 – subparagraph 3
Article 80 – paragraph 9 – subparagraph 3
Amendment 1387 #
Proposal for a directive
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. Where a group resolution authority or a resolution authority decides, or is notified pursuant to Article 74(3), that an institution that is a subsidiary in a group is failing or likely to fail, that authority shall notify the following information without delay to the group level resolution authority, if different, and to the resolution authorities that are members of the resolution college for the group in question:
Amendment 1390 #
Proposal for a directive
Article 83 – paragraph 2
Article 83 – paragraph 2
2. On receiving a notification under paragraph 1, the group level resolution authority, in consultation with and the other members of the relevant resolution college, shall assess the likely impact of the failure of the institution in question, or the resolution action or other measures notified in accordance with point (b) of paragraph 1, on the group or on affiliated institutions in other Member States.
Amendment 1392 #
Proposal for a directive
Article 83 – paragraph 3
Article 83 – paragraph 3
3. If the group level resolution authority, after consultation withnd the other resolution authorities in accordance with paragraph 2, assesses that the failure of the institution in question, or the resolution action or other measures notified in accordance with point (b) of paragraph 1, would not have a detrimental impact on the group or on affiliated institutions in other Member States, the resolution authority responsible for that institution may take the resolution action or other measures that it notified in accordance in accordance with point (b) of paragraph 1.
Amendment 1395 #
Proposal for a directive
Article 83 – paragraph 5 – point a
Article 83 – paragraph 5 – point a
(a) outline the resolution actions that shouldare recommended to be taken by the relevant resolution authorities in relation to the Union parent undertaking or particular group entities with the objective of preserving the value of the group as a whole, minimising the impact on financial stability in the Member States in which the group operates and minimising the use of extraordinary public financial support;
Amendment 1397 #
Proposal for a directive
Article 83 – paragraph 5 – point c
Article 83 – paragraph 5 – point c
Amendment 1401 #
Proposal for a directive
Article 83 – paragraph 6
Article 83 – paragraph 6
6. If any member of tWhe resolution college disagrees with the group resolution scheme proposed by the group level resolution authority and considers that it needs to a group resolution scheme has been proposed in accordance with paragraph 4, resolution authorities may take independent resolution actions or measures, other than those proposed in the scheme, in relation to an institution or group entitin their jurisdiction, where they reasonably consider that such action or measures are necessary for reasons of domestic financial stability, Where an authority may refer within 24 hours the matter to EBA in accordance with Article 19 of Regulation (EU) No 1093/2010kes such decisions, it must consider the impact of that action on financial stability in other Member States.
Amendment 1403 #
Proposal for a directive
Article 83 – paragraph 7
Article 83 – paragraph 7
Amendment 1406 #
Proposal for a directive
Article 83 – paragraph 8
Article 83 – paragraph 8
Amendment 1414 #
Proposal for a directive
Article 88 – paragraph 3 – point b
Article 88 – paragraph 3 – point b
(b) the assessment of the resolvability of such institutions and groups, in accordance with Article 13 and similar requirements under the law of the relevant third countries;
Amendment 1415 #
Proposal for a directive
Article 88 – paragraph 5 – point d
Article 88 – paragraph 5 – point d
(d) early warning to or consultation of parties to the cooperation arrangement before taking any significant action under this Directive or relevant third country law affecting the institution or group to which the arrangement relates;
Amendment 1553 #
Proposal for a directive
Article 97 – paragraph 2 – subparagraph 1
Article 97 – paragraph 2 – subparagraph 1
Member States shall ensure that financing arrangements under their jurisdiction are obligedhave the right to lend to other financing arrangements within the Union in the circumstances specified under paragraph 1.
Amendment 1562 #
Proposal for a directive
Article 97 – paragraph 2 – subparagraph 2
Article 97 – paragraph 2 – subparagraph 2
Subject to the first subparagraph, national financing arrangements shall not be obliged to lend to another national financing arrangement in those circonumstances when the resolution authority of the Member State of the financing arrangement considers that it would not have sufficient funds to finance any foreseeable resolution in the near future. In any case they should not be obliged to lend no more than half of the funds that the national financing arrangement has available at the moment when the borrowing request is formalised.
Amendment 1573 #
Proposal for a directive
Article 98 – paragraph 2
Article 98 – paragraph 2
2. For the purposes of paragraph 1, the group level resolution authority, in consultaif necessary before taking any resolution action to, the resolution authorities of the institutions that are part of the group, shall establish, if necessary before taking any resolution action,ndeavour to reach a joint decision on establishment of a financing plan determining the total financial needs for the financing of the group resolution as well as the modalities for that financing. In the absence of a joint decision between resolution authorities, each resolution authority shall make its own decision on the application of the financing plan on the entity in its jurisdiction.
Amendment 1580 #
Proposal for a directive
Article 98 – paragraph 3 – subparagraph 2
Article 98 – paragraph 3 – subparagraph 2
The financing plan shall be part of the group resolution scheme as specified in Article 83. The financing plan shall establish the contribution from each national financing arrangement of the institutions that are part of the group.