28 Amendments of Sławomir NITRAS related to 2013/0253(COD)
Amendment 245 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘'national resolution authority’' means an authority designated by a participating Member State in accordance with Article 3 of Directive [ ];
Amendment 283 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Every action, proposal or policy of the Board, the Commission or a national resolution authority in the framework of the Single Resolution Mechanism shall be undertaken with a view to promoting the stability of the financial system within the EU and within each participating Member State in the EU with full regard and duty of care for the unity and integrity of the internal market, so as to avoid a disproportionate increase in the costs to the participating Member State, to the extent that they would be greater than in the case when institution had been resolved outside the framework of Single Resolution Mechanism.
Amendment 286 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. When making decisions or taking action, which may have an impact in more than one participating Member State, and in particular when taking decisions concerning groups established in two or more participating Member States,and non-participating Member States, the Board and the Commission shall give due consideration to all of the following factors:
Amendment 313 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. If any decision or resolution action taken in the framework of the SRM at any stage implies extraordinary public financial support by a Member State, the acceptance of the Member State is a precondition for applying such an action. If the Member State does not consent, national insolvency laws apply to the case.
Amendment 353 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Group resolution plans shall include a plan for the resolution of the group as a whole and shall identify measures for. On the motivated request of the national resolution authority or of a representative in the rResolution of the parent undertakings and the subsidiaries that are part of the groupBoard, particularly in the case when operations of the subsidiary constitute a significant share of that Member State's financial system, the group resolution plan shall also include a separate plan for the resolution of the subsidiary located in that participating Member State.
Amendment 358 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. In case of credit institutions regarded as non-systemic, according to the definition included in Regulation 2012/0242, the national resolution authorities draw draft resolution plans. The Resolution Board can only accept or reject a draft plan with a comprehensive justification. In case of a second rejection, the draft plan is reffered to the plenary session of the Resolution Board.
Amendment 359 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The Board may require nNational resolution authorities to prepare preliminary draft resolution plans and the group level resolution authority to prepares a preliminary draft group resolution plan. If the Board decides to amend a submitted draft resolution plan it shall provide a comprehensive justification.
Amendment 366 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When drafting resolution plans in accordance with Article 7, the Board, after consultation with the competent authority, including the ECB, and the resolution authorities of non- participating Member States in which significant branches are located insofar aswhen it refers to entity operating under its relevant to the significant branchjurisdiction, shall conduct an assessment of the extent to which institutions and groups are resolvable without the assumption of extraordinary public financial support besides the use of the Fund established in accordance with Article 64. The draft group resolution plan and ensuing resolution decisions shall not be binding for the resolution authority of the non-participating Member State.
Amendment 373 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The report shall be notified to the entity or parent undertaking concerned, to the competent authorities and to the resolution authorities of non-participating Member States in which significant branches are located. It shall be supported by reasons for the assessment or determination in question and shall indicate how that assessment or determination complies with the requirement for proportionate application set out in Article 6.
Amendment 375 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Within four months from the date of receipt of the report, the entity or the parent undertaking may submit observations and propose to the Board alternative measures to remedy the impediments identified in the report. The Board shall communicate any measure proposed by the entity or parent undertaking to the competent authorities and to the resolution authorities of non-participating Member States in which significant branches are located.
Amendment 380 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. The national resolution authorities shall implement the instructions of the Board in accordance with Article 26. In case of the resolution of a non-systemic credit institution, the national resolution authority under whose jurisdiction institution operates, may object to the instructions of the Board. After objecting, the authority shall propose its own actions, which are effective only when approved by the plenary session of the Resolution Board.
Amendment 433 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Board and the Commission shall balance the objectives referred to in paragraph 2 as appropriate to the nature and circumstances of each case.
Amendment 449 #
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
Amendment 450 #
Proposal for a regulation
Article 13 – paragraph 1 – point f b (new)
Article 13 – paragraph 1 – point f b (new)
(fb) the causes of and responsibility for the failure of the institution under resolution are investigated;
Amendment 451 #
Proposal for a regulation
Article 13 – paragraph 1 – point f c (new)
Article 13 – paragraph 1 – point f c (new)
(fc) the claims of depositors are adequately protected
Amendment 452 #
Proposal for a regulation
Article 13 – paragraph 1 – point f d (new)
Article 13 – paragraph 1 – point f d (new)
(fd) resolution action shall be taken in accordance with the safeguards outlined in the Directive [ ];
Amendment 555 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Having regard to the urgency of the circumstances in the case, the Commission shall decide, on its own initiative or taking into account, if any, the communication referred to in paragraph 1 or the recommendation of the Board referred to in paragraph 5, whether or not to place the entity under resolution, and on the framework of the resolution tools that shall be applied in respect of the entity concerned and of the use of the Fund to support the resolution action. The Commission, on its own initiative, may decide to place an entity under resolution if all the conditions referred to in paragraph 2 are met.
Amendment 568 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Within the framework set by the Commission decision, tThe Board 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 573 #
Proposal for a regulation
Article 16 – paragraph 8 a (new)
Article 16 – paragraph 8 a (new)
8a. In case of the resolution of a non- systemic credit institution, the national resolution authority under whose jurisdiction this institution operates draws draft resolution scheme which is subject to the approval of the Resolution Board. When the Resolution Board rejects the scheme, at its executive session, the scheme is referred to the plenary session.
Amendment 582 #
Proposal for a regulation
Article 16 – paragraph 12
Article 16 – paragraph 12
Amendment 603 #
Proposal for a regulation
Article 17 – paragraph 14
Article 17 – paragraph 14
14. The valuation shall not have any lbe an integral effect and be a procedural step preparing fpart of the decision to apply a resolution tool or exercise a resolution power, or the rdecommendation of the Board to apply a resoision to exercise the write down or conversion power of capital instruments. The valuation tool or exercise a resolution power. shall not be subject to separate judicial review but only to judicial review together with the decision in accordance with Article 78 of the Directive [ ].
Amendment 718 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Board shall inform the Commission and resolution authorities of any action it takes in order to prepare for resolution. With regard to any information received from the Board, the members of the Commission and, Commission staff and resolution authorities' staff shall be subject to the professional secrecy requirement laid down in Article 79.
Amendment 729 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
Where a group includes entities established in participating Member States as well as in non-participating Member States, without prejudice to any approval by the Commission required under this Regulation, the Board shall represent the national resolution authorities of the participating Member States, for the purposes of cooperation with non- participating Member States in accordance with Articles 7, 8, 11, 12, 15, 50, and 80 to 83 of Directive [ ]. The Board shall inform national resolution authorities of non- participating Member States of any action it takes in order to prepare for resolution where a group includes entities established in participating Member States as well as in non-participating Member States. In case of disagreements in cross-border situations the provisions on European Banking Authority binding mediation specified in the Regulation 1093/2010 find full application. The Board, in its capacity of a national resolution authority is obliged to act in accordance with the EBA's decision and the Commission cannot take actions which infringe the EBA's decision.
Amendment 761 #
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
Amendment 769 #
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
Amendment 787 #
Proposal for a regulation
Article 39 – paragraph 3 – point a
Article 39 – paragraph 3 – point a
(a) a plenary session of the Board, which shall exercise the tasks set out in Article 47;
Amendment 844 #
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 on resolution actions in its executive sessions by a simple majorway of unanimity of its participating members. The members of the Board referred to in Article 40(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 or entity covshall each have one vote. The executive session has 7 days to reach a decision. If the joint agreement is not achieved, then the draft decision shall be referred by consolidated supervision is established. In case of a tie the Executive Director shall have a casting voteto the plenary session and adopted by simple majority.
Amendment 980 #
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
3. The Board shall invest the amounts held in the Fund in obligations of the participating Member States or intergovernmental organisations, or in highly liquid assets of high credit worthiness. Investments should be sufficiently geographically diversified. The return on those investments shall benefit the Fund.