17 Amendments of Nils TORVALDS related to 2012/0150(COD)
Amendment 142 #
Proposal for a directive
Recital 1
Recital 1
(1) The financial crisis that started in 2008 has shown that there is a significant lack of adequate tools at Union level to effectively deal with unsound or failing credit institutions. Such tools are, in particular, needed to prevent insolvency or, when insolvency occurs, to minimize negative repercussions by preserving the systemically important functions of the institution concerned. During the crisis, those challenges were a major factor that forced Member States to save credit institutions using public funds.
Amendment 251 #
Proposal for a directive
Recital 73
Recital 73
(73) In order to build up the resilience of the European System of Financing Arrangements, and in line with the objective requiring that financing should come primarily from the industry rather than from public budgets, national arrangements shcould, on a voluntary basis, be able to borrow from each other in case of need.
Amendment 584 #
Proposal for a directive
Article 11 – paragraph 3 – point e
Article 11 – paragraph 3 – point e
(e) identify how the group resolution actions could be financed and, where appropriate, set out principles for sharing responsibility for that financing between sources of funding in different Member States. The plan shall not assume extraordinary public financial support besides the use of the financing arrangements established in accordance with Article 91. Those principles shall be set out on the basis of equitable and balanced criteria and shall take into account, in particular, the economic impact of the resolution in the Member States affected and the distribution of the supervisory powers between the different competent authorities.
Amendment 813 #
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Where an institution does not meet or is likely to breach the requirements of Directive 2006/48/ECminimum own funds requirements according to Article 87 (1) of Regulation (EU) No .../201x of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms], Member States shall ensure that competent authorities, , have at their disposal, in addition to the measures referred to in Article 136 of Directive 2006/48/EC where applicable, in particular, the following measures:
Amendment 1095 #
Proposal for a directive
Article 38 – paragraph 2 – subparagraph 1 – point d
Article 38 – paragraph 2 – subparagraph 1 – point d
Amendment 1496 #
Proposal for a directive
Article 94 – paragraph 7 – introductory part
Article 94 – paragraph 7 – introductory part
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 103 in order specify the notion of adjusting contributions in proportion to the risk profile of institutions as referred to in paragraph 2 (c) of this Article, taking into account the following:Risk Weighted Assets of the institution calculated in accordance with Article 87(3) of Regulation (EU) No .../201x of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms].
Amendment 1498 #
Proposal for a directive
Article 94 – paragraph 7 – point a
Article 94 – paragraph 7 – point a
Amendment 1502 #
Proposal for a directive
Article 94 – paragraph 7 – point b
Article 94 – paragraph 7 – point b
Amendment 1506 #
Proposal for a directive
Article 94 – paragraph 7 – point c
Article 94 – paragraph 7 – point c
Amendment 1508 #
Proposal for a directive
Article 94 – paragraph 7 – point d
Article 94 – paragraph 7 – point d
Amendment 1511 #
Proposal for a directive
Article 94 – paragraph 7 – point e
Article 94 – paragraph 7 – point e
Amendment 1514 #
Proposal for a directive
Article 94 – paragraph 7 – point f
Article 94 – paragraph 7 – point f
Amendment 1517 #
Proposal for a directive
Article 94 – paragraph 7 – point g
Article 94 – paragraph 7 – point g
Amendment 1603 #
Proposal for a directive
Article 99 – paragraph 1
Article 99 – paragraph 1
1. Member States shall ensure that, where the resolution authorities take resolution action, and provided that this action ensures that depositors continue having access to their deposits, the deposit guarantee scheme to which the institution is affiliated is liable, up to the amount of covered deposits, for the amount of losses covered deposits would have had to bear if they had not been excluded from the bail- in tool, however not exceeding the amount of losses that it would have had to bear if the institution had been wound up under normal insolvency proceedings.
Amendment 1611 #
Proposal for a directive
Article 99 – paragraph 3
Article 99 – paragraph 3
3. Member States shall ensure that the determination of the amount by which the deposit guarantee scheme is liable in accordance with paragraph 1 of this Article complies with the conditions established in Article 30 (2) and Article 29 (1)(f).
Amendment 1614 #
Proposal for a directive
Article 99 – paragraph 4
Article 99 – paragraph 4
4. The contribution from the deposit guarantee scheme for the purpose of paragraph 1 shall be made in cashmay include (without limitation) cash, loan, guarantee or other security.
Amendment 1622 #
Proposal for a directive
Article 99 – paragraph 6
Article 99 – paragraph 6
6. Member States shall ensure that the deposit guarantee scheme has arrangements are in place to ensure that, following a contribution made by the deposit guarantee scheme under paragraphs 1 or 5 and where the depositors of the institution under resolution need to be reimbursed, the members of the scheme can immediately provide the scheme with the amounts that have to be paiddeposit guarantee scheme will be refunded for its contribution without delay.