Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | ZWIEFKA Tadeusz ( PPE) | COFFERATI Sergio Gaetano ( S&D), MARINHO E PINTO António ( ALDE) |
Lead committee dossier:
Legal Basis:
TFEU 081-p2
Legal Basis:
TFEU 081-p2Subjects
Events
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.
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.
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.
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
- Commission response to text adopted in plenary: SP(2018)458
- Final act published in Official Journal: Regulation 2018/946
- Final act published in Official Journal: OJ L 171 06.07.2018, p. 0001
- Draft final act: 00025/2018/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0250/2018
- Committee report tabled for plenary, 1st reading: A8-0174/2018
- Committee draft report: PE613.544
- Legislative proposal published: COM(2017)0422
- Legislative proposal published: EUR-Lex
- Committee draft report: PE613.544
- Draft final act: 00025/2018/LEX
- Commission response to text adopted in plenary: SP(2018)458
Votes
A8-0174/2018 - Tadeusz Zwiefka - Vote unique 13/06/2018 13:06:46.000 #
History
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