BETA


2017/0189(COD) Insolvency proceedings: replacing Annexes A and B to the Regulation

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI ZWIEFKA Tadeusz (icon: PPE PPE) COFFERATI Sergio Gaetano (icon: S&D S&D), MARINHO E PINTO António (icon: ALDE ALDE)
Lead committee dossier:
Legal Basis:
TFEU 081-p2

Events

2018/07/11
   EC - Commission response to text adopted in plenary
Documents
2018/07/06
   Final act published in Official Journal
Details

PURPOSE: to replace Annexes A and B of Regulation (EU) 2015/848 on insolvency proceedings.

LEGISLATIVE ACT: Regulation (EU) 2018/946 of the European Parliament and of the Council replacing Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings.

CONTENT: the Regulation aims to replace the text of Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings.

Annexes A and B to Regulation (EU) 2015/848 of the European Parliament and of the Council list the designations given in the national law of the Member States to the insolvency proceedings and to the insolvency practitioners to which that Regulation applies. Annex A lists the insolvency proceedings referred to in point (4) of Article 2 of Regulation (EU) 2015/848 and Annex B lists the insolvency practitioners referred to in point (5) of that Article.

The Regulation follows up on notifications to the Commission by Bulgaria, Croatia, Latvia and Portugal of recent changes in their national law, by which new types of insolvency proceedings or practitioners have been introduced. Belgium has also notified the Commission of the adoption of a new law that introduces changes to its domestic insolvency law.

The United Kingdom has notified its wish to participate in the adoption and application of the Regulation. Ireland and Denmark are not subject to its application.

ENTRY INTO FORCE: 26.7.2018.

2018/07/04
   CSL - Draft final act
Documents
2018/07/04
   CSL - Final act signed
2018/07/04
   EP - End of procedure in Parliament
2018/06/26
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2018/06/26
   CSL - Council Meeting
2018/06/13
   EP - Results of vote in Parliament
2018/06/13
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 634 votes to 26 with 31 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council replacing Annex A to Regulation (EU) 2015/848 on insolvency proceedings.

Parliament’s position adopted at first reading under the ordinary legislative procedure relates to the adoption of a regulation of the European Parliament and of the Council replacing Annex A and B of Regulation (EU) 2015/848 on insolvency proceedings.

In the recitals, it is recalled that Annexes A and B to Regulation (EU) 2015/848 of the European Parliament and of the Council list the designations given in the national law of the Member States to the insolvency proceedings (Annex A) and insolvency practitioners (Annex B) to which that Regulation applies.

In the course of the discussion of this proposal, which initially concerned Croatia, the Commission received further notifications from Bulgaria, Croatia, Latvia and Portugal relating to recent changes in their domestic laws, introducing new types of insolvency proceedings and/or insolvency practitioners.

Furthermore, Belgium notified the Commission about a change in its domestic insolvency law that would enter into force on 1 May 2018. These new types of insolvency proceedings and/or insolvency practitioners also comply with the requirements set out in Regulation (EU) 2015/848 and make it necessary to amend both Annexes A and B thereof.

Therefore, the amended text proposes that Annexes A and B to Regulation (EU) 2015/848 shall be replaced by the text in the Annexes to this Regulation .

The United Kingdom gave notice on 15 November 2017 of its wish to take part in the adoption and application of this Regulation. Ireland will not participate in the adoption of this Regulation and will not be bound by it or be subject to its application.

Documents
2018/05/17
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL) on the proposal for a regulation of the European Parliament and of the Council replacing Annex A to Regulation (EU) 2015/848 on insolvency proceedings.

The committee recommended that European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal.

Title of the Regulation : the amended text proposes that the title be changed to ‘Regulation of the European Parliament and of the Council replacing Annexes A and B (as opposed to just Annex A) to Regulation (EU) 2015/848 on insolvency proceedings.

As a reminder, Annexes A and B to Regulation (EU) 2015/848 of the European Parliament and of the Council list the designations given in the national law of the Member States to the insolvency proceedings (Annex A) and insolvency practitioners (Annex B) to which that Regulation applies.

In the course of the discussion of this proposal which initially concerned Croatia, the Commission received further notifications from Bulgaria, Croatia, Latvia and Portugal relating to recent changes in their domestic laws, introducing new types of insolvency proceedings and/or insolvency practitioners.

Furthermore, Belgium notified the Commission about a change in its domestic insolvency law which would enter into force on 1 May 2018. These new types of insolvency proceedings and/or insolvency practitioners also comply with the requirements set out in Regulation (EU) 2015/848 and make it necessary to amend both Annexes A and B thereof.

Therefore, the amended text proposes that Annexes A and B to Regulation (EU) 2015/848 shall be replaced by the text in the Annexes to this Regulation.

The United Kingdom gave notice on 15 November 2017 of its wish to take part in the adoption and application of this Regulation. Ireland will not participate in the adoption of this Regulation and will not be bound by it or be subject to its application.

Documents
2018/04/24
   EP - Vote in committee, 1st reading
2018/02/20
   EP - Committee draft report
Documents
2017/10/09
   EP - ZWIEFKA Tadeusz (PPE) appointed as rapporteur in JURI
2017/09/11
   EP - Committee referral announced in Parliament, 1st reading
2017/08/09
   EC - Legislative proposal published
Details

PURPOSE: to replace Annex A to Regulation (EU) 2015/848 on insolvency proceedings.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: in January 2017, Croatia notified the Commission on recent changes of its domestic insolvency law introducing new types of insolvency proceedings, such as a pre-insolvency proceeding and a consumer's insolvency proceeding.

At the same time, Croatia requested that the list setting out exhaustively the insolvency proceedings in Annex A of Regulation (EU) 2015/848 be amended accordingly.

The Commission carefully analysed this request in order to ensure compliance of the notification with the requirements of the Regulation.

Changes to Annex A of the Regulation do not affect the substantive set of rules and may only be made by the Union legislature and not by the Member States.

CONTENT: the aim of this proposal is to ensure that the scope of the recast Regulation is adjusted to the actual legal framework of the Member States on insolvency by the time of its application.

It seeks to replace the list in Annex A to Regulation (EU) 2015/848 on Croatia with a new list taking account of the information notified by that Member State.

These amendments do not affect any of the obligations and rules set out in the Regulation itself.

Documents

Votes

A8-0174/2018 - Tadeusz Zwiefka - Vote unique 13/06/2018 13:06:46.000 #

2018/06/13 Outcome: +: 634, 0: 31, -: 26
DE IT ES PL GB FR RO BE PT CZ SE NL AT HU BG SK EL LT FI HR IE DK LV SI LU CY EE MT ??
Total
92
63
49
47
66
66
28
21
20
20
20
25
17
17
16
13
17
11
11
11
10
10
8
8
6
6
5
5
1
icon: PPE PPE
205

United Kingdom PPE

2

Luxembourg PPE

3

Cyprus PPE

1

Estonia PPE

For (1)

1
icon: S&D S&D
175

Netherlands S&D

2
3

Finland S&D

1

Croatia S&D

2

Ireland S&D

For (1)

1

Denmark S&D

2

Latvia S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Cyprus S&D

2

Estonia S&D

For (1)

1

Malta S&D

2
icon: ECR ECR
65

Italy ECR

2

Romania ECR

For (1)

1

Czechia ECR

2

Netherlands ECR

2

Bulgaria ECR

2

Greece ECR

Abstain (1)

1

Lithuania ECR

1
2

Croatia ECR

For (1)

1

Latvia ECR

For (1)

1

Cyprus ECR

1
icon: ALDE ALDE
63

United Kingdom ALDE

1

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Croatia ALDE

2

Ireland ALDE

For (1)

1

Denmark ALDE

2

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

2
icon: GUE/NGL GUE/NGL
46

United Kingdom GUE/NGL

1

Czechia GUE/NGL

2

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
46

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

France Verts/ALE

3

Belgium Verts/ALE

2

Netherlands Verts/ALE

2

Austria Verts/ALE

2

Hungary Verts/ALE

2

Lithuania Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: EFDD EFDD
39

Germany EFDD

Abstain (1)

1

Poland EFDD

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: NI NI
18

Germany NI

For (1)

Against (1)

2

United Kingdom NI

For (1)

Against (2)

Abstain (1)

4

France NI

Against (1)

1

Hungary NI

For (1)

1

Denmark NI

1

NI

For (1)

1
icon: ENF ENF
32

Germany ENF

Against (1)

1

Poland ENF

Abstain (1)

1

United Kingdom ENF

Against (1)

1

Belgium ENF

Abstain (1)

1

Netherlands ENF

4

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2017-09-11T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: S&D name: COFFERATI Sergio Gaetano group: ALDE name: MARINHO E PINTO António group: GUE/NGL name: MAŠTÁLKA Jiří responsible: True committee: JURI date: 2017-10-09T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: ZWIEFKA Tadeusz
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  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0174&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0174/2018 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: S&D name: COFFERATI Sergio Gaetano group: ALDE name: MARINHO E PINTO António group: GUE/NGL name: MAŠTÁLKA Jiří responsible: True committee: JURI date: 2017-10-09T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: ZWIEFKA Tadeusz date: 2018-05-17T00:00:00
  • date: 2018-06-13T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=31126&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0250 type: Decision by Parliament, 1st reading/single reading title: T8-0250/2018 body: EP type: Results of vote in Parliament
  • date: 2018-06-26T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 3629
  • date: 2018-06-26T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2018-07-04T00:00:00 body: CSL type: Final act signed
  • date: 2018-07-04T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2018-07-06T00:00:00 type: Final act published in Official Journal
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  • date: 2018-02-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE613.544 title: PE613.544 type: Committee draft report body: EP
  • date: 2018-07-04T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F18&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00025/2018/LEX type: Draft final act body: CSL
  • date: 2018-07-11T00:00:00 docs: url: /oeil/spdoc.do?i=31126&j=0&l=en title: SP(2018)458 type: Commission response to text adopted in plenary
events
  • date: 2017-08-09T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0422/COM_COM(2017)0422_EN.pdf title: COM(2017)0422 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2017&nu_doc=0422 title: EUR-Lex summary: PURPOSE: to replace Annex A to Regulation (EU) 2015/848 on insolvency proceedings. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: in January 2017, Croatia notified the Commission on recent changes of its domestic insolvency law introducing new types of insolvency proceedings, such as a pre-insolvency proceeding and a consumer's insolvency proceeding. At the same time, Croatia requested that the list setting out exhaustively the insolvency proceedings in Annex A of Regulation (EU) 2015/848 be amended accordingly. The Commission carefully analysed this request in order to ensure compliance of the notification with the requirements of the Regulation. Changes to Annex A of the Regulation do not affect the substantive set of rules and may only be made by the Union legislature and not by the Member States. CONTENT: the aim of this proposal is to ensure that the scope of the recast Regulation is adjusted to the actual legal framework of the Member States on insolvency by the time of its application. It seeks to replace the list in Annex A to Regulation (EU) 2015/848 on Croatia with a new list taking account of the information notified by that Member State. These amendments do not affect any of the obligations and rules set out in the Regulation itself.
  • date: 2017-09-11T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2018-04-24T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-05-17T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0174&language=EN title: A8-0174/2018 summary: The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL) on the proposal for a regulation of the European Parliament and of the Council replacing Annex A to Regulation (EU) 2015/848 on insolvency proceedings. The committee recommended that European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal. Title of the Regulation : the amended text proposes that the title be changed to ‘Regulation of the European Parliament and of the Council replacing Annexes A and B (as opposed to just Annex A) to Regulation (EU) 2015/848 on insolvency proceedings. As a reminder, Annexes A and B to Regulation (EU) 2015/848 of the European Parliament and of the Council list the designations given in the national law of the Member States to the insolvency proceedings (Annex A) and insolvency practitioners (Annex B) to which that Regulation applies. In the course of the discussion of this proposal which initially concerned Croatia, the Commission received further notifications from Bulgaria, Croatia, Latvia and Portugal relating to recent changes in their domestic laws, introducing new types of insolvency proceedings and/or insolvency practitioners. Furthermore, Belgium notified the Commission about a change in its domestic insolvency law which would enter into force on 1 May 2018. These new types of insolvency proceedings and/or insolvency practitioners also comply with the requirements set out in Regulation (EU) 2015/848 and make it necessary to amend both Annexes A and B thereof. Therefore, the amended text proposes that Annexes A and B to Regulation (EU) 2015/848 shall be replaced by the text in the Annexes to this Regulation. The United Kingdom gave notice on 15 November 2017 of its wish to take part in the adoption and application of this Regulation. Ireland will not participate in the adoption of this Regulation and will not be bound by it or be subject to its application.
  • date: 2018-06-13T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=31126&l=en title: Results of vote in Parliament
  • date: 2018-06-13T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0250 title: T8-0250/2018 summary: The European Parliament adopted by 634 votes to 26 with 31 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council replacing Annex A to Regulation (EU) 2015/848 on insolvency proceedings. Parliament’s position adopted at first reading under the ordinary legislative procedure relates to the adoption of a regulation of the European Parliament and of the Council replacing Annex A and B of Regulation (EU) 2015/848 on insolvency proceedings. In the recitals, it is recalled that Annexes A and B to Regulation (EU) 2015/848 of the European Parliament and of the Council list the designations given in the national law of the Member States to the insolvency proceedings (Annex A) and insolvency practitioners (Annex B) to which that Regulation applies. In the course of the discussion of this proposal, which initially concerned Croatia, the Commission received further notifications from Bulgaria, Croatia, Latvia and Portugal relating to recent changes in their domestic laws, introducing new types of insolvency proceedings and/or insolvency practitioners. Furthermore, Belgium notified the Commission about a change in its domestic insolvency law that would enter into force on 1 May 2018. These new types of insolvency proceedings and/or insolvency practitioners also comply with the requirements set out in Regulation (EU) 2015/848 and make it necessary to amend both Annexes A and B thereof. Therefore, the amended text proposes that Annexes A and B to Regulation (EU) 2015/848 shall be replaced by the text in the Annexes to this Regulation . The United Kingdom gave notice on 15 November 2017 of its wish to take part in the adoption and application of this Regulation. Ireland will not participate in the adoption of this Regulation and will not be bound by it or be subject to its application.
  • date: 2018-06-26T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2018-07-04T00:00:00 type: Final act signed body: CSL
  • date: 2018-07-04T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2018-07-06T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to replace Annexes A and B of Regulation (EU) 2015/848 on insolvency proceedings. LEGISLATIVE ACT: Regulation (EU) 2018/946 of the European Parliament and of the Council replacing Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings. CONTENT: the Regulation aims to replace the text of Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings. Annexes A and B to Regulation (EU) 2015/848 of the European Parliament and of the Council list the designations given in the national law of the Member States to the insolvency proceedings and to the insolvency practitioners to which that Regulation applies. Annex A lists the insolvency proceedings referred to in point (4) of Article 2 of Regulation (EU) 2015/848 and Annex B lists the insolvency practitioners referred to in point (5) of that Article. The Regulation follows up on notifications to the Commission by Bulgaria, Croatia, Latvia and Portugal of recent changes in their national law, by which new types of insolvency proceedings or practitioners have been introduced. Belgium has also notified the Commission of the adoption of a new law that introduces changes to its domestic insolvency law. The United Kingdom has notified its wish to participate in the adoption and application of the Regulation. Ireland and Denmark are not subject to its application. ENTRY INTO FORCE: 26.7.2018. docs: title: Regulation 2018/946 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32018R0946 title: OJ L 171 06.07.2018, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2018:171:TOC
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers commissioner: JOUROVÁ Věra
procedure/Modified legal basis
Old
Rules of Procedure EP 150
New
Rules of Procedure EP 159
procedure/dossier_of_the_committee
Old
JURI/8/10569
New
  • JURI/8/10569
procedure/final
title
Regulation 2018/946
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32018R0946
procedure/instrument
Old
Regulation
New
  • Regulation
  • Amending Regulation (EU) 2015/848 2012/0360(COD)
procedure/subject
Old
  • 3.45.01 Company law
New
3.45.01
Company law
procedure/summary
  • Amending Regulation (EU) 2015/848
procedure/title
Old
Insolvency proceedings: replacing Annexes A and B to the Regulation
New
Insolvency proceedings: replacing Annexes A and B to the Regulation
activities/4/docs/0
url
http://www.europarl.europa.eu/oeil/popups/sda.do?id=31126&l=en
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Results of vote in Parliament
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Results of vote in Parliament
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Old
Decision by Parliament, 1st reading/single reading
New
Results of vote in Parliament
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2018-06-26T00:00:00
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CSL
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Council Meeting
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General Affairs
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2018-06-26T00:00:00
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EP/CSL
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Act adopted by Council after Parliament's 1st reading
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2018-07-04T00:00:00
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CSL
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Final act signed
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2018-07-04T00:00:00
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EP
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End of procedure in Parliament
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2018-07-06T00:00:00
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Final act published in Official Journal
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Old
Provisional agreement between Parliament and Council on final act
New
Procedure completed
procedure/title
Old
Insolvency proceedings: replacing Annex A to the Regulation
New
Insolvency proceedings: replacing Annexes A and B to the Regulation
activities/4/docs/0/text
  • The European Parliament adopted by 634 votes to 26 with 31 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council replacing Annex A to Regulation (EU) 2015/848 on insolvency proceedings.

    Parliament’s position adopted at first reading under the ordinary legislative procedure relates to the adoption of a regulation of the European Parliament and of the Council replacing Annex A and B of Regulation (EU) 2015/848 on insolvency proceedings.

    In the recitals, it is recalled that Annexes A and B to Regulation (EU) 2015/848 of the European Parliament and of the Council list the designations given in the national law of the Member States to the insolvency proceedings (Annex A) and insolvency practitioners (Annex B) to which that Regulation applies.

    In the course of the discussion of this proposal, which initially concerned Croatia, the Commission received further notifications from Bulgaria, Croatia, Latvia and Portugal relating to recent changes in their domestic laws, introducing new types of insolvency proceedings and/or insolvency practitioners.

    Furthermore, Belgium notified the Commission about a change in its domestic insolvency law that would enter into force on 1 May 2018. These new types of insolvency proceedings and/or insolvency practitioners also comply with the requirements set out in Regulation (EU) 2015/848 and make it necessary to amend both Annexes A and B thereof.

    Therefore, the amended text proposes that Annexes A and B to Regulation (EU) 2015/848 shall be replaced by the text in the Annexes to this Regulation.

    The United Kingdom gave notice on 15 November 2017 of its wish to take part in the adoption and application of this Regulation. Ireland will not participate in the adoption of this Regulation and will not be bound by it or be subject to its application.

procedure/stage_reached
Old
Awaiting Council 1st reading position / budgetary conciliation convocation
New
Provisional agreement between Parliament and Council on final act
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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0250 type: Decision by Parliament, 1st reading/single reading title: T8-0250/2018
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Awaiting Council 1st reading position / budgetary conciliation convocation
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  • The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL) on the proposal for a regulation of the European Parliament and of the Council replacing Annex A to Regulation (EU) 2015/848 on insolvency proceedings.

    The committee recommended that European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal.

    Title of the Regulation: the amended text proposes that the title be changed to ‘Regulation of the European Parliament and of the Council replacing Annexes A and B (as opposed to just Annex A) to Regulation (EU) 2015/848 on insolvency proceedings.

    As a reminder, Annexes A and B to Regulation (EU) 2015/848 of the European Parliament and of the Council list the designations given in the national law of the Member States to the insolvency proceedings (Annex A) and insolvency practitioners (Annex B) to which that Regulation applies.

    In the course of the discussion of this proposal which initially concerned Croatia, the Commission received further notifications from Bulgaria, Croatia, Latvia and Portugal relating to recent changes in their domestic laws, introducing new types of insolvency proceedings and/or insolvency practitioners.

    Furthermore, Belgium notified the Commission about a change in its domestic insolvency law which would enter into force on 1 May 2018. These new types of insolvency proceedings and/or insolvency practitioners also comply with the requirements set out in Regulation (EU) 2015/848 and make it necessary to amend both Annexes A and B thereof.

    Therefore, the amended text proposes that Annexes A and B to Regulation (EU) 2015/848 shall be replaced by the text in the Annexes to this Regulation.

    The United Kingdom gave notice on 15 November 2017 of its wish to take part in the adoption and application of this Regulation. Ireland will not participate in the adoption of this Regulation and will not be bound by it or be subject to its application.

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Indicative plenary sitting date, 1st reading/single reading
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Vote in plenary scheduled
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http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0174&language=EN
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2018-05-29T00:00:00
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2018-06-13T00:00:00
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  • type: Committee report tabled for plenary, 1st reading/single reading title: A8-0174/2018
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Old
Awaiting committee decision
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Awaiting Parliament 1st reading / single reading / budget 1st stage
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Old
2018-06-12T00:00:00
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2018-05-29T00:00:00
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2018-06-12T00:00:00
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2018-04-24T00:00:00
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EP
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procedure/Modified legal basis
Rules of Procedure EP 150
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CELEX:52017PC0422:EN
activities/0/docs/0/celexid
CELEX:52017PC0422:EN
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group
S&D
name
COFFERATI Sergio Gaetano
activities/1/committees/0/shadows/1
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ALDE
name
MARINHO E PINTO António
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S&D
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COFFERATI Sergio Gaetano
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group
ALDE
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MARINHO E PINTO António
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2017-10-09T00:00:00
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  • group: EPP name: ZWIEFKA Tadeusz
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  • group: GUE/NGL name: MAŠTÁLKA Jiří
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2017-10-09T00:00:00
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  • group: EPP name: ZWIEFKA Tadeusz
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  • group: GUE/NGL name: MAŠTÁLKA Jiří
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DG
Commissioner
JOUROVÁ Věra
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EC
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commissioner
JOUROVÁ Věra
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  • PURPOSE: to replace Annex A to Regulation (EU) 2015/848 on insolvency proceedings.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: in January 2017, Croatia notified the Commission on recent changes of its domestic insolvency law introducing new types of insolvency proceedings, such as a pre-insolvency proceeding and a consumer's insolvency proceeding.

    At the same time, Croatia requested that the list setting out exhaustively the insolvency proceedings in Annex A of Regulation (EU) 2015/848 be amended accordingly.

    The Commission carefully analysed this request in order to ensure compliance of the notification with the requirements of the Regulation. 

    Changes to Annex A of the Regulation do not affect the substantive set of rules and may only be made by the Union legislature and not by the Member States.

    CONTENT: the aim of this proposal is to ensure that the scope of the recast Regulation is adjusted to the actual legal framework of the Member States on insolvency by the time of its application.

    It seeks to replace the list in Annex A to Regulation (EU) 2015/848 on Croatia with a new list taking account of the information notified by that Member State.

    These amendments do not affect any of the obligations and rules set out in the Regulation itself.

activities/1
date
2017-09-11T00:00:00
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EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
body: EP responsible: True committee_full: Legal Affairs committee: JURI
procedure/dossier_of_the_committee
JURI/8/10569
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities
  • date: 2017-08-09T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0422/COM_COM(2017)0422_EN.pdf title: COM(2017)0422 type: Legislative proposal published celexid: CELEX:52017PC0422:EN body: EC commission: type: Legislative proposal published
committees
  • body: EP responsible: True committee_full: Legal Affairs committee: JURI
links
other
    procedure
    reference
    2017/0189(COD)
    subtype
    Legislation
    legal_basis
    Treaty on the Functioning of the EU TFEU 081-p2
    stage_reached
    Preparatory phase in Parliament
    summary
    Amending Regulation (EU) 2015/848
    instrument
    Regulation
    title
    Insolvency proceedings: replacing Annex A to the Regulation
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    subject
    3.45.01 Company law