7 Amendments of Jakob von WEIZSÄCKER related to 2016/0362(COD)
Amendment 176 #
Proposal for a directive
Article 1 – paragraph 21 b (new)
Article 1 – paragraph 21 b (new)
Directive 2014/59/EU
Article 34 – paragraph 1 – point g
Article 34 – paragraph 1 – point g
21 b. In Article 34(1), point (g) is replaced by the following: "(g) no creditor shall incur greater losses than would have been incurred if the institution or entity referred to in point (b), (c) or (d) of Article 1(1) had been wound up under normal insolvency proceedings in accordance with the safeguards in Articles 73 to 75; , properly taking into account any plausible adverse effects of systemic instability and market turmoil;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014L0059&from=DE)
Amendment 237 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45b – paragraph 3– subparagraph 2 a (new)
Article 45b – paragraph 3– subparagraph 2 a (new)
The amount of own funds and eligible liabilities required by a decision under this paragraph to be met with instruments that meet all of the conditions referred to in Article 72a of Regulation (EU) No 575/2013 shall be equal to at least the level that arises or would arise from the application of Article 92a(1) of that Regulation.
Amendment 412 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45e – paragraph 4
Article 45e – paragraph 4
4. An entity that fails to have additional own funds and eligible liabilities as expected under the guidance referred to in the first paragraph shall not be subject to the restrictions referred to in Article 141 of Directive 2013/36/EU.
Amendment 574 #
Proposal for a directive
Article 1 – paragraph 36 a (new)
Article 1 – paragraph 36 a (new)
Directive 2014/59/EU
Article 73 – paragraph 1
Article 73 – paragraph 1
36 a. In Article 73, paragraph 1 is replaced by the following: Member States shall ensure that, where one or more resolution tools have been applied and, in particular for the purposes of Article 75: "(a) except where point (b) applies, where resolution authorities transfer only parts of the rights, assets and liabilities of the institution under resolution, the shareholders and those creditors whose claims have not been transferred, receive in satisfaction of their claims at least as much as what they would have received if the institution under resolution had been wound up under normal insolvency proceedings at the time when the decision referred to in Article 82 was taken, properly taking into account any plausible adverse effects on systemic instability and market turmoil; (b) where resolution authorities apply the bail-in tool, the shareholders and creditors whose claims have been written down or converted to equity do not incur greater losses than they would have incurred if the institution under resolution had been wound up under normal insolvency proceedings immediately at the time when the decision referred to in Article 82 was taken. , properly taking into account any plausible adverse effects on systemic instability and market turmoil." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014L0059&from=DE)
Amendment 575 #
Proposal for a directive
Article 1 – paragraph 36 b (new)
Article 1 – paragraph 36 b (new)
Directive 2014/59/EU
Article 74 – paragraph 2 – point a
Article 74 – paragraph 2 – point a
36 c. In Article 74(2), point (a) is replaced by the following: "(a) the treatment that shareholders and creditors, or the relevant deposit guarantee schemes, would have received if the institution under resolution with respect to which the resolution action or actions have been effected had entered normal insolvency proceedings at the time when the decision referred to in Article 82 was taken; , properly taking into account any plausible adverse effects of systemic instability and market turmoil;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014L0059&from=DE)
Amendment 576 #
Proposal for a directive
Article 1 – paragraph 36 c (new)
Article 1 – paragraph 36 c (new)
Directive 2014/59/EU
Article 74 – paragraph 4
Article 74 – paragraph 4
36 c. In Article 74, paragraph (4) is replaced by the following: "4. EBA may develop draft regulatory technical standards specifying the methodology for carrying out the valuation in this Article, in particular the methodology for assessing the treatment that shareholders and creditors would have received if the institution under resolution had entered insolvency proceedings at the time when the decision referred to in Article 82 was taken. , properly taking into account any plausible adverse effects of systemic instability and market turmoil." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014L0059&from=DE)
Amendment 577 #
Proposal for a directive
Article 1 – paragraph 36 d (new)
Article 1 – paragraph 36 d (new)
Directive 2014/59/EU
Article 75 – paragraph 1
Article 75 – paragraph 1
36 d. In Article 75, paragraph 1 is replaced by the following: "Member States shall ensure that if the valuation carried out under Article 74 determines that any shareholder or creditor referred to in Article 73, or the deposit guarantee scheme in accordance with Article 109(1), has incurred greater losses than it would have incurred in a winding up under normal insolvency proceedings, it is entitled to the payment of the difference from the resolution financing arrangements. properly taking into account any plausible adverse effects of systemic instability and market turmoil, it is entitled to the payment of the difference from the resolution financing arrangements." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014L0059&from=DE)