BETA

10 Amendments of Mady DELVAUX related to 2016/0361(COD)

Mady DELVAUX, Hugues BAYET

Proposal for a regulation
Article 1 – paragraph 5 Regulation (EU) No 806/2014

~~(e) the extent to which the Deposit Guarantee Scheme could contribute to the financing of resolution in accordance with Article 79;~~deleted

2018/02/01
Committee: ECON

Mady DELVAUX, Hugues BAYET

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EU) No 806/2014
Article 12 d – paragraph 2 – subparagraph 1 – point b

(b) the resolution entity orand its subsidiaries that are institutions, but not resolution entities are recapitalised to a level necessary to enable them to continue to comply with the conditions for authorisation and carry out the activities for which they are authorised under Directive 2013/36/EU, Directive 2014/65/EU or equivalent legislation ('recapitalisation');

2018/02/01
Committee: ECON

Mady DELVAUX, Hugues BAYET

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EU) No 806/2014
Article 12 d – paragraph 2 – subparagraph 2

Where the resolution plan provides that the entity shall be wound up under normal insolvency proceedings, or other equivalent national procedures, the Board shall assess whether it is justified to limit the requirement referred to in Article 12a(1) for that entity, s~~hall~~o that it does not exceed an amount sufficient to absorb losses in accordance with point (a) of the first subparagraph. The assessment by the Board shall, in particular, evaluate the limit referred to in the previous subparagraph as regards any possible impact on financial stability and any risk of contagion, including through reputational risk, to the financial system.

2018/02/01
Committee: ECON

Mady DELVAUX, Hugues BAYET

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EU) No 806/2014
Article 12 d – paragraph 8

8. The Board may reduce the requirement referred to in Article 12a(1) to take account of the amount which a deposit guarantee scheme is expected to contribute to the financing of the preferred resolution strategy in accordance with Article 109 of Directive 2014/59/EU. The size of any such reduction shall be based on a credible assessment of the potential contribution from the deposit guarantee scheme, and shall at least: (a) the potential losses which the deposit guarantee scheme would have had to bear, had the institution been wound up under normal insolvency proceedings, taking into account the priority ranking of the deposit guarantee scheme pursuant to Article 108 of Directive 2014/59/EU; (b) guarantee scheme contributions set out in the second subparagraph of Article 109(5) of Directive 2014/59/EU; (c) exhausting the available financial means of the deposit guarantee scheme due to contributing to multiple bank failures or resolutions; and (d) relevant provisions in national law and the duties and responsibilities of the authority responsible for the deposit guarantee scheme. The Board shall, after consulting the authority responsible for the deposit guarantee scheme, document its approach as regards the assessment of the overall risk of exhausting the available financial means of the deposit guarantee scheme and apply reductions in accordance with subparagraph 1, provided that that risk is not excessive.deleted be less than a prudent estimate of be less than the limit on deposit take account of the overall risk of be consistent with any other

2018/02/01
Committee: ECON

Mady DELVAUX, Hugues BAYET

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EU) No 806/2014
Article 12 h – paragraph 2

2. The requirement referred to in Article 12a(1) of entities referred to in the first paragraph shall be subject to the following conditions: (a) the consolidated requirement referred to in Article 12g; (b) applied to the resolution group's subsidiaries shall be covered by and not exceed the consolidated requirement referred to in Article 12g unless this is only due to the effects of the consolidation at the level of the resolution group in accordance with Article 12g(1); (c) provided in paragraph 3; (d) of the subsidiary to the consolidated requirement referred to in 12g(1).deleted the resolution entity complies with the sum of all requirements to be it shall fulfil the eligibility criteria it shall not exceed the contribution

2018/02/01
Committee: ECON

Mady DELVAUX, Hugues BAYET

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EU) No 806/2014
Article 12 h – paragraph 3 – point a – point i

(i) are issued to and bought by the resolution entity; either directly or indirectly through other entities in the same resolution group that bought the liabilities from the entity subject to this Article or by an existing shareholder that is not part of the same resolution group as long as the exercise of the power of write down or conversion in accordance with Article 21 does not affect the control of the subsidiary by the resolution entity;

2018/02/01
Committee: ECON

Mady DELVAUX, Hugues BAYET

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EU) No 806/2014
Article 12 h – paragraph 3 – point b

(b) ~~eligible~~ own funds instruments that are issued to and bought by ~~other~~ entities ~~tha~~(i) that are included in the same resolution ~~entity when~~group, or (ii) that are not included in the same resolution group as long as the exercise of the power of write down or conversion in accordance with Article 21 does not affect the control of the subsidiary by the resolution entity.

2018/02/01
Committee: ECON

Mady DELVAUX, Hugues BAYET

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EU) No 806/2014
Article 12 h – paragraph 4

4. Subject to the agreement of the Board, the requirement referred to in Article 12a(1) may be met with a guarantee of the resolution entity granted to its subsidiary, which fulfils the following conditions: (a) least the equivalent amount as the amount of the requirement for which it substitutes; (b) the subsidiary is unable to pay its debts or other liabilities as they fall due or a determination has been made in accordance with Article 21(3) in respect of the subsidiary, whichever is the earliest; (c) through a financial collateral arrangement as defined in point (a) of Article 2(1) of Directive 2002/47/EC for at least 50 per cent of its amount; (d) collateral arrangement are govdeleted the guarantee is provided for at the guarantee is triggerned by the laws of the Member State where the subsidiary is established unless otherwise specified by the Board; (e) guarantee fulfils the requirements of Article 197 of Regulation (EU) No 575/2013, which, following appropriately conservative haircuts, is sufficient to fully cover the amount guaranteed; (f) the collateral backing the guarantee is unencumberedwhen the guarantee is collateralised the guarantee and fin particular is not used as collateral to back any other guarantee; (g) the collateral has an effective maturity that fulfils the same maturity condition as that referred to in Article 72c(1) of Regulation (EU) No 575/2013; and (h) operational barriers to the transfer of the collateral from the resolution entity to the relevant subsidiary, including when resolution action is taken in respect of the resolution entity.ancial the collateral backing the there are no legal, regulatory or

2018/02/01
Committee: ECON

Mady DELVAUX, Hugues BAYET

Proposal for a regulation
Article 1 – paragraph 9 – point f

Regulation (EU) No 806/2014
Article 21 – paragraph 7 – subparagraph 2

The power to write down or convert eligible liabilities independently of resolution action may be exercised only in relation to eligible liabilities that meet the conditions referred to in point (a) of Article 12(3), except the condition related to the remaining maturity of liabilities.. and, when exercised, shall comply with point (g) of Article 15(1). Where relevant capital instruments and eligible liabilities have been purchased by the resolution entity indirectly through other entities in the same resolution group, the power to write down or convert shall be exercised together with the exercise of the same power at the level of the parent undertaking of the entity concerned or subsequent parents that are not resolution entities so that the losses are effectively passed on to and the entity concerned is recapitalised by the resolution entity. The amount written down or converted at the level of an entity that is not a resolution entity shall count towards the thresholds laid down in point (a) of Article 27(7) applicable to the entity concerned.'

2018/02/01
Committee: ECON

Mady DELVAUX, Hugues BAYET

Proposal for a regulation
Article 1 – paragraph 9 a (new)

Regulation (EU) No 806/2014
Article 27 – paragraph 3 – point g a (new)

9a. In Article 27(3), the following point is added: ‘(ga) liabilities to institutions or entities referred to in points (b) or (c) of Article 2 that are part of the same resolution group without being themselves resolution entity, regardless of their maturity.’.

2018/02/01
Committee: ECON