11 Amendments of Joachim SCHUSTER related to 2023/0111(COD)
Amendment 84 #
Proposal for a regulation
Recital 18
Recital 18
(18) The assessment of whether the resolution of an institution or entity is in the public interest should reflect the consideration that depositors are better protected when deposit guarantee scheme funds are used more efficiently and the losses for those funds are minimised. Therefore, in the public interest assessment, the resolution objprotectiveon of protecting depositors shouldmay be considered better achieved in resolution if opting for insolvency would be more costly for the deposit guarantee scheme.
Amendment 96 #
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure that the resolution objectives are attained in the most effective way, the outcome of the public interest assessment should be negative only whereconsider whether the winding up of the failing institution or entity under normal insolvency proceedings would achieve the resolution objectives more effectively and not only to the same extent as resolution.
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c a (new)
Article 1 – paragraph 1 – point 1 – point c a (new)
Regulation (EU) No 806/2014
Article 3 – paragraph 1 – points 55a– 55c (new)
Article 3 – paragraph 1 – points 55a– 55c (new)
Amendment 138 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) No 806/2014
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
Amendment 184 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) No 806/2014
Article 13 c – paragraph 2 – subparagraph 2
Article 13 c – paragraph 2 – subparagraph 2
After having received the notification referred to in the first subparagraph, the Board shall assess, in close cooperation with the ECB or the relevant national competent authority, what constitutes a reasonable timeframe for the purposes of the assessment of the condition referred to in Article 18(1), point (b), taking into account the speed of the deterioration of the conditions of the entity, the need to implement effectively the resolution strategy and any other relevant considerations. The Board shall communicate that assessment to the ECB or to the relevant national competent authority as early as possible. The application of any measures by institutional protection schemes shall not be affected by the notification referred to in the first subparagraph.
Amendment 201 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EU) No 806/2014
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) to protect depositors while minimising losses for deposit guarantee schemes, and to protectcovered by Directive 2014/49/EU and investors covered by Directive 97/9/EC; ;
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point a
Article 1 – paragraph 1 – point 19 – point a
Regulation (EU) No 806/2014
Article 18 – paragraph 1 – subparagraph 1 – point b
Article 18 – paragraph 1 – subparagraph 1 – point b
(b) having regard to the timing, the need to implement effectively the resolution strategy and other relevant circumstances, there is no reasonable prospect that any alternative private sector measure, including measures by an IPS, supervisory action, early intervention measures, or the write down or conversion of relevant capital instruments and eligible liabilities as referred to in Article 21(1), taken in respect of the entity would prevent the failure of the entity within a reasonable timeframe;
Amendment 207 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point a
Article 1 – paragraph 1 – point 19 – point a
Regulation (EU) No 806/2014
Article 18 – paragraph 1 – subparagraph 3
Article 18 – paragraph 1 – subparagraph 3
Where the ECB or the relevant national competent authority has assesseds that the condition referred to in point (a) of the first subparagraph, point (a), is met in relation to an entity asor group referred to in the first subparagraph, ithey shall communicate that assessment without delay to the Commission and to the Board without delaytaking into account, however, that preventive measures carried out by an IPS falling under Article 1(2), point (c), of Directive 2014/49/EU shall not lead to the determination that the credit institution is failing or likely to fail according to this Article or Article 32 (1) of Directive 2014/59/EU if the provisions of Article 11f of Directive 2014/49/EU are met.
Amendment 214 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Regulation (EU) No 806/2014
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
For the purposes of paragraph 1, point (c), a resolution action shall be treated as in the public interest where that resolution action is necessary for the achievement of, and is proportionate to, one or more of the resolution objectives referred to in Article 14 and where winding up of the institution under normal insolvency proceedings would not meet those resolution objectives more effectivelyto the same extent.
Amendment 302 #
Proposal for a regulation
Article 1 – paragraph 1 – point 41 – point a
Article 1 – paragraph 1 – point 41 – point a
Regulation (EU) No 806/2014
Article 79 – paragraph 1
Article 79 – paragraph 1
Amendment 305 #
Proposal for a regulation
Article 1 – paragraph 1 – point 41 – point a
Article 1 – paragraph 1 – point 41 – point a
Regulation (EU) No 806/2014
Article 79 – paragraph 2
Article 79 – paragraph 2