Activities of Jonás FERNÁNDEZ related to 2015/0270(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 806/2014 in order to establish a European Deposit Insurance Scheme
Amendments (64)
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 806/2014
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) credit institutions established in a participating Member State, including those affiliated to an institutional protection scheme as referred to in Article 113(7) of Regulation No 575/2013;
Amendment 113 #
Proposal for a regulation
Recital 5
Recital 5
(5) In June 2015, the Five Presidents Report on Completing Europe’s Economic and Monetary Union pointed out that a single banking system can only be truly single if confidence in the safety of bank deposits is the same irrespective of the Member State in which a bank operates. This requires single bank supervision, single bank resolution and single deposit insurance. The Five Presidents report therefore proposed tocalled for completeion of the Banking Union by establishing a European Deposit Insurance Scheme (EDIS), the third pillar of a fully-fledged Banking Union alongside bank supervision and resolution, that should be completed by a common fiscal backstop based in the European Stability Mechanism. Concrete steps in that direction should already be taken as a priority, with a re-insurance system at the European level for the national deposit guarantee schemes as a first step towards a fully mutualised approach. The scope of this reinsurance system should coincide with that of the SSM.
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point9
Article 1 – paragraph 1 – point9
Regulation (EU) No 806/2014
Article 19 – paragraphs 3 5 7 and 10
Article 19 – paragraphs 3 5 7 and 10
Amendment 127 #
Proposal for a regulation
Recital 7
Recital 7
(7) The absence of a homogenous level of depositor protection can distort competition and create an effective barrier for the freedoms of establishment and free provision of services by credit institutions within the internal market. A common deposit insurance scheme is therefore essential for the completion of the internal market in financial services, while improving the competitive position of the Union as the safest financial area in the world.
Amendment 141 #
Proposal for a regulation
Recital 9
Recital 9
(9) Funds used by deposit guarantee schemes to repay depositors for unavailable covered deposits in accordance with Article 8 of Directive 2014/49/EU on deposit guarantee schemes do not constitute State aid or Fund aid. However, where those funds are used in the restructuring of credit institutions and constitute State aid or Fund aid, they must comply with Article 108 of the Treaty on the Functioning of the European Union and, respectively, with Article 19 of Regulation (EU) No 806/2014 of the European Parliament and of the Council13, which should be amended for that purpose. __________________ 13 Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014, p. 1).
Amendment 150 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure parallelismcoherence with the SSM and the SRM, EDIS should apply to participating Member States. Banks established in the Member States not participating in the SSM should not be subject to EDIS. As long as supervision in a Member State remains outside the SSM, that Member State should remain responsible for ensuring the protection of depositors against the consequences of the insolvency of a credit institution. As Member States adopt the Euro and join the SSM, or join the SSM, they should also automatically become subject to the EDIS. Ultimately, the EDIS cshould potentially extend to the entire internal market.
Amendment 152 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure parallelism with the SSM and the SRM, EDIS should apply to participating Member States. Banks established in the Member States not participating in the SSM should not be subject to EDIS. As long as supervision in a Member State remains outside the SSM, that Member State should remain responsible for ensuring the protection of depositors against the consequences of the insolvency of a credit institutiondeposits becoming unavailable. As Member States join the SSM, they should also automatically become subject to the EDIS. Ultimately, the EDIS could potentially extend to the entire internal market.'
Amendment 155 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure a level playing field within the internal market as a whole, this Regulation is consistent with Directive 2014/49/EU. It complements the rules and principles of that Directive to ensure the proper functioning of EDIS and that appropriate funding is available to the latter. The key objective of the EDIS is to enhance the effective deposit guarantee framework with a view to protecting depositors against the consequences of deposits becoming unavailable. At the full insurance stage, the objective is to provide an equal level of protection to all depositors of credit institutions affiliated to the participating DGSs. The material law on deposit guarantee to be applied within the EDIS framework will therefore be consistent with the one applicable by the national DGSs or designated authorities of the non- participating Member States, harmonised through the Directive 2014/49/EU.
Amendment 159 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) It should also be possible for the DIF to go beyond a pure reimbursement function and to use the available financial means in order to prevent the failure of a credit institution with a view to avoiding the costs of reimbursing depositors and other adverse impacts. Those measures should, however, be carried out within a clearly defined framework including appropriate systems and procedures in place for selecting and implementing such measures and monitoring affiliated risks. Implementing such measures should be subject to the imposition of conditions as defined in Directive 2014/49/EU. The costs of the measures taken to prevent the failure of a credit institution should not exceed the costs of fulfilling the statutory or contractual mandates of the respective DIF with regard to protecting covered deposits at the credit institution or the institution itself.
Amendment 160 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) It should also be possible for the DIF to go beyond a pure reimbursement function and to use the available financial means in order to prevent the failure of a credit institution with a view to avoiding the costs of reimbursing depositors and other adverse impacts. Those measures should, however, be carried out within a clearly defined framework including appropriate systems and procedures in place for selecting and implementing such measures and monitoring affiliated risks. Implementing such measures should be subject to the imposition of conditions as defined in Directive 2014/49/EU. The costs of the measures taken to prevent the failure of a credit institution should not exceed the costs of fulfilling the statutory or contractual mandates of the respective DIF with regard to protecting covered deposits at the credit institution or the institution itself.
Amendment 165 #
Proposal for a regulation
Recital 17
Recital 17
(17) EDIS should progressively evolve from a reinsurance scheme into a fully mutualised co-insurance scheme over a number of6 years. In the context of efforts to deepen the EMU, together with the work on the establishment of bridge-financing arrangements for the Single Resolution Fund (SRF) and on developing a common fiscal backstop, this step is necessary to reduce the bank/sovereign links in individual Member States by means of steps towards risk sharing among all the Member States in the Banking Union, and thereby to reinforce the Banking Union in achieving its key objective. However, such risk sharing implied by steps to reinforce Banking Union must proceed in parallel with risk reducing measures designed to break the bank-sovereign link more directly. Risks reduction measures are already supported by the SSM and SRM which aim to reduce the likelihood of bank failures and by the Banking Union single rulebook which establishes a wide range of prudential measures, taken in respect of banks, with the objective of strengthening supervision and crisis management, improving the amount and quality of capital, reducing concentration of exposures, fostering deleveraging, limiting pro-cyclical lending behaviour, reinforcing access to liquidity, addressing systemic risk due to size, complexity and interconnectedness, reinforcing depositor confidence and incentivising proper risk management via rules on governance
Amendment 166 #
Proposal for a regulation
Recital 17
Recital 17
(17) EDIS should progressively evolve from a reinsurance scheme into a fully mutualised co-insurance scheme over a number of years. In the context of efforts to deepen the EMU, together with the work on the establishment of bridge-financing arrangements for the Single Resolution Fund (SRF) and on developing a common fiscal backstop, this step is necessary to reduce the bank/sovereign links in individual Member States by means of steps towards risk sharing among all the Member States in the Banking Union, and thereby to reinforce the Banking Union in achieving its key objective. HoweverIn parallel, such risk sharing implied by steps to reinforce Banking Union must proceed in parallel with risk reducing measures designed to break the bank-sovereign link more directly.s already supported by the SSM and SRM, which significantly reduce the likelihood of bank failures, and by a wide range of prudential measures which have been taken in respect of banks, with the objective of strengthening supervision and crisis management, improving the amount and quality of capital, reducing concentration of exposures, fostering deleveraging, limiting pro-cyclical lending behaviour, reinforcing access to liquidity, addressing systemic risk due to size, complexity and interconnectedness, reinforcing depositor confidence, and incentivising proper risk management via rules on governance
Amendment 196 #
Proposal for a regulation
Recital 20
Recital 20
(20) As the Deposit Insurance Fund, in the re-insurance stage, would only provide an additional source of funding and would only weaken the link between banks and their national sovereign, without howeverOnly a fully mutualised Deposit Insurance Scheme would ensuringe that all depositors in the Banking Union enjoy an equal level of protection, the reinsurance stage should, after three years, gradually progress into a co-insurance scheme and ultimately into a fully mutualised deposit insurance scheme.
Amendment 198 #
Proposal for a regulation
Recital 20
Recital 20
(20) As the Deposit Insurance Fund, in the re-insurance stage, would only provide an additional source of funding and would only weaken the link between banks and their national sovereign, without however ensuring that all depositors in the Banking Union enjoy an equal level of protection, the reinsurance stage should, after threewithin two years, gradually progress into a co- insurance scheme and ultimately into a fully mutualised deposit insurance scheme. Only a fully mutualized EDIS would ensure that all depositors enjoy an equal level of protection.
Amendment 206 #
Proposal for a regulation
Recital 21
Recital 21
(21) While the reinsurance and coinsurance stages would share many common features, ensuring a smooth gradual evolution, pay-outs under the co- insurance stage would be shared between national DGS and the Deposit Insurance Fund as of the first euro of loss. The relative contribution from the Deposit Insurance Fund would gradually increase to 100 percent, resulting in the full mutualisation of depositor risk across the Banking Union after fourwithin three years.
Amendment 208 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 o –title
Article 41 o –title
Article 41o Repayment of funding and determination of excess loss and lossliquidity
Amendment 209 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The beginning of the full insurance stage can be anticipated in the event that the risk reduction measures included in the legislative proposals presented by the Commission on 23 November 2016 (e.g. the "EU banking reform" package) have been officially adopted.
Amendment 211 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 o – paragraph 1
Article 41 o – paragraph 1
1. The participating DGS shall repay the fundingliquidity support provided by the Board under Article 41n, less the amount of any excess loss cover in case of coverage under Article 41a in accor dany loss cover in case of coverage under Article 41d orce with a repayment plan as referred to in paragraph 2 of this Article 41h.
Amendment 213 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 o – paragraph 2
Article 41 o – paragraph 2
2. UntilWithin 3 monthsof the determinationof the insolvency or resolution procedure, the Board shall determine, on an annual basis, the amount the participating DGS has already recovered from the insolvency procedure or has already be referred to in Article 41m, the Board, after consulting the relevant designated authority, shall establish a repayment paid in accordance with Article 75 of Directive 2014/59/EU. The participating DGS shalllan that ensures that the funding provide tod by the Board all information necessary to make this determination. The participating DGS shall pay to the Board a share of that amount which corresponds to the share that is covered by EDIS in accordance with Article 41a, Article 41d or Article 41hunder Article 41n will be repaid in full within six years by the participating DGS.
Amendment 215 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 o – paragraph 3
Article 41 o – paragraph 3
3. In case of coverage under Article 41a, the participating DGSshall also pay to the Board, by the end of the first calendar year after the funding was provided, an amount equal to the ex-post contributions that the participatingDGS may raise within one calendar year in accordance with the first sentence of the first subparagraph of Article 10(8) of Directive 2014/49/EU, less the amount of ex-post contributions it raised in accordance with point (b) of Article 41b(1) of this RegulationThe repayment plan initially shall, to the largest extent possible, be based on the expected funding from the sources referred to in paragraph 5.
Amendment 220 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Deposit Insurance Fund is an essential element without which the progressive establishment of EDIS could not be achieved. Different national systems of funding would not provide for homogenous deposit insurance across the Banking Union. Throughout the three stages, the Deposit Insurance Fund should help ensuring the stabilising role of DGSs, a uniform high level of protection to all depositors in a harmonised framework throughout the Union and avoiding the creation of obstacles for the exercise of fundamental freedoms or the distortion of competition in the internal market due to different levels of protection at national level, since savers have the right to open a bank account in any Member State irrespective of their legal domicile.
Amendment 221 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 o – paragraph 4
Article 41 o – paragraph 4
4. After the termination of the insolvency procedure or resolution procedure of the credit institution concerned, the Board shall without delay determine the excess loss in accordance with Article 41d or the loss in accordance with Article 41h. Where this determination results in arepayment obligation ofthe participating DGS that differs from the amounts repaid in accordance with the second and third paragraph, the difference shall be settled between the Board and the participating DGS without deThe following conditions for the repayment planshallapply: (a) the minimum annualrepayment bythe participating DGS shall be on average 10% of the funding provided by the Board under article 41n; and b) each year, the Board shall reassess the level of expected recoveries and recalibrate the repayment plan for the remaining years in accordance with that assessment, and assess any need to extend the repayment playn.
Amendment 223 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 o – paragraph 4a (new)
Article 41 o – paragraph 4a (new)
4a. As long as a participating DGS has liquidity support outstanding with the DIF, at least 50% of any extraordinary contributions raised in accordance with Article 10(8) of Directive 2014/49/EU, at least 50% of any recoveries on the DGS’s claims pursuant to Article 9(2) of Directive 2014/49/EU and Article 75 of Directive 2014/59/EU, and at least 50% of any repayment of or income derived from measures taken in accordance with Article 109 of Directive 2014/59/EU or Article 11(3) and 11(6) of Directive 2014/49/EU shall be repaid to the DIF. This shall be reflected in the repayment plan.
Amendment 232 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 q a (new)
Article 41 q a (new)
Article 41qa Terms of loans provided by the DIF 1. The Board shall determine the key financial terms and conditions of the liquidity facility in a standardised agreement. 2. The Board and the participating DGS that has requested liquidity support in accordance with Article 41a shall enter into an agreement based on the standardized agreement as referred to in paragraph 1. 3. In case the participating DGS requests an extension of the maturity of the loan in accordance with Article 41o(7), an interest rate not higher than the ECB marginal facility rate may be charged until the remaining time to maturity of the loan.
Amendment 246 #
Proposal for a regulation
Recital 27
Recital 27
(27) In principle, contributions should be collected from the industrybanks prior to, and independently of, any deposit insurance action. When prior funding is insufficient to cover the losses or costs incurred by the use of the Deposit Insurance Fund, additional contributions should be collected to bear the additional cost or loss. Moreover, the Deposit Insurance Fund should be able to contract borrowings or other forms of support from credit institutions, financial institutions or other third parties in the event that the ex-ante and ex post contributions are not immediately accessible or do not cover the expenses incurred by the use of the Deposit Insurance Fund in relation to deposit insurance actions.
Amendment 262 #
Proposal for a regulation
Recital 30
Recital 30
(30) Ensuring effective and sufficient financing of the Deposit Insurance Fund is of paramount importance to the credibility and efficiency of EDIS. The capacity of the Board to contract alternative funding means for the Deposit Insurance Fund should be enhanced in a manner that optimises the cost of funding and preserves the creditworthiness of the Deposit Insurance Fund. Immediately after the entry into force of this Regulation, the necessary steps should be taken by the Board in cooperation with the participating Member States to develop the appropriate methods and modalities permitting the enhancement of the borrowing capacity of the Deposit Insurance Fund that should be in place by the date of application of this Regulation. It is essential also to create a mutualised credit line via the European Stability Mechanism (ESM) and an effective common fiscal backstop for the Banking Union to be used as a last resort.
Amendment 263 #
Proposal for a regulation
Recital 30
Recital 30
(30) Ensuring effective and sufficient financing of the Deposit Insurance Fund is of paramount importance to the credibility and efficiency of EDIS. The capacity of the Board to contract alternative funding means for the Deposit Insurance Fund should be enhanced in a manner that optimises the cost of funding and preserves the creditworthiness of the Deposit Insurance Fund. Immediately after the entry into force of this Regulation, the necessary steps should be taken by the Board in cooperation with the participating Member States to develop the appropriate methods and modalities permitting the enhancement of the borrowing capacity of the Deposit Insurance Fund that should be in place by the date of application of this Regulation. It is essential also to create a mutualised credit line via the European Stability Mechanism (ESM) as an effective common fiscal backstop for the Banking Union to be used as a last resort.
Amendment 268 #
Proposal for a regulation
Recital 31
Recital 31
(31) It is necessary to ensure that the Deposit Insurance Fund is fully available for the purpose of ensuring the guarantee of deposits. Therefore, the Deposit Insurance Fund should primarily be used for the efficient implementation of deposit guarantee requirements and actions. Furthermore, it should be used only in accordance with the applicable deposit guarantee objectives and principles. Under certain conditions, the Deposit Insurance Fund could also provide funding where the available financial means of a DGS are used in resolution in accordance with Article 79 of this Regulation. Furthermore, the Deposit Insurance Fund could be used for the implementation of alternative measures, as established in Article 77a of this Regulation, under a strict supervision framework.
Amendment 269 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 –subparagraph 1
Article 74 c – paragraph 5 –subparagraph 1
The Commission shall be empowered to adopt adelegated acts in accordance with Article 93 in order to specify a risk-based method for the calculation of contributions in accordance with paragraph 2 of this Article.
Amendment 270 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 –subparagraph 2
Article 74 c – paragraph 5 –subparagraph 2
Amendment 273 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 –subparagraph 3
Article 74 c – paragraph 5 –subparagraph 3
Amendment 278 #
Proposal for a regulation
Article 1 – paragraph 1 – point34
Article 1 – paragraph 1 – point34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 –subparagraph 4 – introductory part
Article 74 c – paragraph 5 –subparagraph 4 – introductory part
Amendment 280 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) 806/2014
Article 74 c – paragraph 5 –subparagraph 4 – point d
Article 74 c – paragraph 5 –subparagraph 4 – point d
(d) the quality of the institution’s assets, including its level II and III assets;
Amendment 288 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 1 – introductory part
Article 1 – paragraph 2 – subparagraph 1 – introductory part
2. In addition, in order to ensure that all depositors in the Banking Union enjoy an equal level of protection, this Regulation establishes a fully mutualised European Deposit Insurance Scheme ('EDIS') by 2022 in three successive stages:
Amendment 289 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 1 – introductory part
Article 1 – paragraph 2 – subparagraph 1 – introductory part
2. In addition, in order to ensure that all depositors in the Banking Union enjoy an equal level of protection, this Regulation establishes a fully mutualised European Deposit Insurance Scheme ('EDIS') in threeby 2024 at the latest in successive stages:.
Amendment 309 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39 a (new)
Article 1 – paragraph 1 – point 39 a (new)
Regulation (EU) No 806/2014
Article 94 – paragraph 3 a (new)
Article 94 – paragraph 3 a (new)
39a. in Article 94, the following paragraph is added: 3a. By [insert one year after entry into force of this amending Regulation] the Commission shall review and assess the functioning of EDIS I and the transition to a fully mutualised insurance scheme that provides funding to and covers the losses of participating deposit guarantee schemes. It shall review the functioning of EDIS I in order to create a single European deposit insurance scheme, possibly backed by a publicly funded liquidity mechanism. The review shall assess in particular the following: (a) the adequacy of the funding mechanism and the target level of EDIS I, and the cases of use of the liquidity mechanism; (b) the scope of the measures financed by EDIS I under article 41a and by the entities referred to in Article 2(2), point (b); (c) the conditions for an extension of EDIS I from providing liquidity support to a loss coverage mechanism and its features; (d) the appropriateness of introducing a publicly funded backstop mechanism to support the DIF. By [insert one year after the date referred to in the first paragraph] the Commission shall submit a report to the European Parliament and the Council on the basis of this assessment. The report shall be accompanied by a legislative proposal, where appropriate.
Amendment 321 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Article 1 – paragraph 1 – point 40
Regulation (EU) No 806/2014
Article 99 – paragraph 5 a
Article 99 – paragraph 5 a
5a. By way of derogation from paragraph 2, Article 1(2), Part IIa and Part III, Title V Chapter 2 Section 1a shall apply without undue delay and from [OP insert date of entry into force of this Regulation];
Amendment 331 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)Regulation (EU) No 806/2014
Article 1 – paragraph 1 – point 5 a (new)Regulation (EU) No 806/2014
Article 5 – title
Amendment 333 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)Regulation (EU) No 806/2014
Article 1 – paragraph 1 – point 5 b (new)Regulation (EU) No 806/2014
Article 5 – paragraph 1 – subparagraph -1 (new)
5b. In Article 5(1), the following new subparagraph -1 is added: ‘-1. Where, pursuant to this Regulation, the Board decides to exercise the recovery rights, which, pursuant to Directive 2014/49/EU are exercised by the DGS, the Board shall, for the application of this Regulation and of Directive 2014/49/EU, be considered to be the relevant DGS in national insolvency proceedings.’
Amendment 337 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
9a. in Article 34, paragraph 5 is replaced by the following: ‘5. The Board, the ECB, the national competent authorities and, the national resolution authorities and the national designated authorities may draw up memoranda of understanding with a procedure concerning the exchange of information. The exchange of information between the Board, the ECB, the national competent authorities, and the national resolution authorities and the national designated authorities shall not be deemed to infringe the requirements of professional secrecy.’
Amendment 340 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 b (new)Regulation (EU) No 806/2014
Article 1 – paragraph 1 – point 9 b (new)Regulation (EU) No 806/2014
Article 38 – paragraph 2 – point c a (new)
9b. In Article 38(2), the following point (ca) is added: ‘(ca) where they intentionally or negligently fail to comply with decisions of the DGS to which they are affiliated, including a failure associated with the invoices on contributions, in accordance with Article 74e.’;'
Amendment 363 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41a – paragraph 1
Article 41a – paragraph 1
1. As from the date of application set out in Article 99(5a), participating DGSs are reinsured by EDIS in accordance with this Chapter for a period of threewo years (‘reinsurance period’).
Amendment 415 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41d – paragraph 1
Article 41d – paragraph 1
1. As from the end of the re-insurance period, the participating DGS shall be co- insured by EDIS in accordance with this Chapter for a period of fourthree years (‘co- insurance period’).
Amendment 421 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41e – paragraph 1
Article 41e – paragraph 1
The share of coverage under the second and third paragraph of Article 41d shall increase during the co-insurance period as follows: - in the first year of the co-insurance period it shall be 240%; - in the second year of the co- insurance period it shall 4be 60%; - in the third year of the co-insurance period it shall be 680%; - insurance period it shall be 80%.in the fourth year of the co-
Amendment 450 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41h a (new)
Article 41h a (new)
Article 41ha By way of derogation to Article 1(2) and Article 74c(4) the Commission may adopt a delegated act in accordance with Article 93 in order to supplement this Regulation by anticipating the date of application of this Chapter and its related pre-conditions as defined in Articles 41e and 41j in case the legislative proposals presented by the Commission on 23rd November 2016 (e.g. the "EU banking reform" package) have been officially adopted.
Amendment 454 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41i – title
Article 41i – title
Amendment 456 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41i – paragraph 1
Article 41i – paragraph 1
1. A participating DGS shall not be covered by EDIS in the reinsurance, co- insurance or full insurance phase, if the Commission, acting on its own initiative or upon a request of the Board or a participating Member State, decides and informs the Board accordingly that at least one of the following disqualifying conditions is met: The Commission and the Board shall monitor the ability of DGSs to meet their obligations under the relevant legislation on a continuous basis. The Commission and the Board shall monitor in particular compliance with Articles 4(8), 4(9), 4(10), 4(11), 5, 6 8(1), 8(2), 8(6) and 10 of Directive 2014/49/EU and with Articles 41j and 41p of this Regulation. 1a. If the Commission or Board identifies instances of non-compliance with any or all of its obligations under paragraph 1, it shall inform the other and the DGS concerned. 1b. The Board, based on the information of the Commission or acting on its own initiative, may issue a recommendation to the DGS to comply with those obligations within a maximum period of 3 months. That recommendation shall include remedial actions and may also include technical assistance from the SRB. 1c. If a DGS fails to comply with a recommendation of the Commission within the specified time frame, the Commission may decide that the funding from EDIS in the case of a payout event or a resolution action shall be provided as a loan subject to the conditions in paragraph 1d. If EDIS has already provided funds and the DGS arrangements are inadequate for a payout event or a resolution action and do not comply with the obligations under paragraph 1, the Commission may decide to convert the funding provided by EDIS into a loan up to a period of [3 year] following the payout event or the resolution action and subject to the conditions in paragraph 1d. Any future payout event or resolution action shall also be provided as a loan as long as the DGS continues to fail to comply with the instructions. 1d. EDIS shall grant a loan under the following conditions: (a) the DGS must fully deplete its available financial means; (b) the DGS has committed to comply with the instruction of the Commission; (c) the rate of interest of the loan shall not be less than 1% above the 12 month EURIBOR rate; unless the Commission, after consulting the Board, decides otherwise in its instruction on the grounds of proportionality, including the non- punitive nature of the loan. The DGS shall calculate the ex-post contributions for the national banking system to pay the interest; (d) the maturity of the loan shall not exceed [3] years; (e) the loan shall not exceed the amount of liquidity support that the DGS would have received. 1e. The Commission shall decide that a participating DGS shall not be covered by EDIS if it continues to fail to comply with its obligations under paragraph 1 and following the steps set out in this article. If a participating DGS is not covered by EDIS it shall repay the loan within [1 year]. The participating DGS concerned shall notify the Commission on the fulfilment of its obligations. The Commission should upon the notification re-evaluate the decision on the loss of cover of the participating DGS and, if appropriate, issue a recommendation that the DGS re- qualifies for EDIS coverage. (a) the participating DGS has failed to comply with the obligations under this Regulation or Articles 4, 6, 7 or 10 of Directive 2014/49/EU; (b) the participating DGS, the relevant administrative authority within the meaning of Article 3 of Directive 2014/49/EU, or any other relevant authority of the respective Member State have, in relation to a particular request for coverage by EDIS, acted in a way that runs counter to the principle of sincere cooperation as laid down in Article 4(3) of the Treaty on European Union.
Amendment 485 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation 806/2014
Article 41j – paragraph 1
Article 41j – paragraph 1
1. A participating DGS shall only be reinsured, co-insured or fully insured by EDIS during the year following any of the dates set out below, if, by that date, its available financial means raised by contributions referred to in Article 10(1) of Directive 2014/49/EU amount to at least the following percentages of the total amount of covered deposits of all credit institutions affiliated to the participating DGS: – by 3 July 2017: 0.104%; – by 3 July 2018: 0.21%; – by 3 July 2019: 0.2817%; – by 3 July 2020: 0.28%; 14%; – by 3 July 2021: 0.2608%; – by 3 July 2022: 0.20%; – by 3 July 2023: 0.11%; – by 3 July 2024: 0%.00%;
Amendment 499 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41j – paragraph 2
Article 41j – paragraph 2
2. The Commission, after consulting the Board, may approve a derogation from the requirements set out in paragraph 1 for duly justified reasons linked to the business cycle in the respective Member State, the impact pro-cyclical contributions may have, or to a payout event or resolution action financing which occurred at national level. Those derogations must be temporary and may be subject to the fulfilment of certain conditions.
Amendment 518 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 m – paragraph 2 – introductory part
Article 41 m – paragraph 2 – introductory part
2. In case the Board was informed in accordance with Article 41k, prior to, or simultaneously with, the notification referred to in paragraph 1, about one or more other likely payout events or uses in resolution, it may extend the period of paragraph 1 up to seven days. If, during this extended period, additional payout events or uses in resolution are notified in accordance with Article 41k and the total funding that could be claimed from the DIF might exceed its available financial means, the funding provided for each notified payout event or use in resolution shall be equal to the available financial means of the DIF multiplied by the ratio of (a) to (b):
Amendment 519 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 m – paragraph 2 – point a
Article 41 m – paragraph 2 – point a
Amendment 520 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
806/2014
Article 41 m – paragraph 2 – point b
Article 41 m – paragraph 2 – point b
Amendment 589 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 b – title
Article 74 b – title
Target levels and coverage of the Deposit Insurance Fund
Amendment 636 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 b – paragraph 5 a (new), 5 b (new), 5 c (new), 5 d (new)
Article 74 b – paragraph 5 a (new), 5 b (new), 5 c (new), 5 d (new)
5a. In all phases, the coverage level for the aggregate deposits of each depositor is EUR 100 000 in the event of deposits being unavailable. 5b. In addition to paragraph 5a, EDIS shall ensure that the following deposits are protected up to EUR 400 000 for at least six months once the amount has been credited or from the moment when such deposits become legally transferable: (a) deposits resulting from real estate transactions relating to private residential properties; (b) deposits that serve social purposes laid down in this Regulation and are linked to particular life events of a depositor such as marriage, divorce, retirement, dismissal, redundancy, invalidity or death; (c) deposits that serve purposes laid down in this Regulation and are based on the payment of insurance benefits or compensation for criminal injuries or wrongful conviction. The Commission shall be empowered to adopt a delegated act in accordance with Article 93 in order to establish conditions for enlarging the coverage included in points (a), (b) and (c) of this paragraph. 5c. The amount referred to in paragraph 5a shall be reviewed periodically by the Commission and at least once every five years. If appropriate, the Commission shall submit to the European Parliament and to the Council a proposal for a Directive to adjust the amount referred to in paragraph 5a, taking account in particular of developments in the banking sector and the economic and monetary situation in the Union. The first review shall not take place before 3 July 2020 unless unforeseen events necessitate an earlier review. 5d. The Commission shall be empowered to adopt delegated acts in accordance with Article 93 in order to adjust the amounts referred to in paragraphs 5a and 5b at least every five years, in accordance with inflation in the Union on the basis of changes in the harmonised index of consumer prices published by the Commission since the previous adjustment.
Amendment 665 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 4 – subparagraph 1
Article 74 c – paragraph 4 – subparagraph 1
The contributions that credit institutions affiliated to a participating DGS pay into the DIF in accordance with this Article shall count towards the minimum target level that the participating DGS shall reach in accordance with the first subparagraph of Article 10(2) of Directive 2014/49/EU. If the participating DGS, by 3 July 20242 or any later date, has followed the funding path set out in Article 41j and credit institutions affiliated to it paid to the DIF all ex-ante contributions that, until 3 July 20242, had to be paid to the DIF, these contributions shall constitute the full contribution owed in order to reach the target level in accordance with the first subparagraph of Article 10(2) of Directive 2014/49/EU.
Amendment 744 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 g – paragraph 1 a (new)
Article 74 g – paragraph 1 a (new)
1a. The board may raise loans as a mutualised credit line via the European Stability Mechanism regarding the immediate availability of additional financial means to be used where the amounts raised or available are not sufficient to meet the Funds' obligations. A common backstop shall be developed during the re-insurance period to facilitate borrowing by the DIF. The use of the common backstop shall be fiscally neutral in the long term.
Amendment 754 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 g a (new)
Article 74 g a (new)
Article 74ga The Board shall contract for the DIF financial arrangements, including public financial arrangements as a mutualised credit line via the European Stability Mechanism in order to make immediate availability of additional financial means to be used where the amounts raised or available are not sufficient to meet the DIF obligations. A common backstop shall be developed during transitional period before setting a mutualised fund to facilitate borrowing by the DIF. The use of the common backstop shall be fiscally neutral in the medium term.
Amendment 758 #
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Regulation (EU) No 806/2014
Article 75 – paragraph 2
Article 75 – paragraph 2
2. The amounts received from an institution under resolution or a bridge institution, the interests and other earnings on investments and any other earnings shall benefit only the SRF and the DIF, as appropriate.
Amendment 763 #
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Regulation (EU) No 806/2014
Article 75 – paragraph 3
Article 75 – paragraph 3
3. The Board shall have a prudent and safe investment strategy that is provided for in the delegated acts adopted pursuant to paragraph 4 of this Article, and shall invest the amounts held in the SRF and the DIF in obligations of the Member States or intergovernmental organisations, or in highly liquid assets of high creditworthiness, taking into account the delegated act referred to in Article 460 of Regulation (EU) No 575/2013 as well as other relevant provisions of that Regulation. Investments shall be sufficiently sectorally, geographically and proportionally diversified. The return on those investments shall benefit the SRF and the DIF respectively, in strict proportion to the monies invested on behalf of each of those funds.
Amendment 772 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37
Article 1 – paragraph 1 – point 37
Regulation (EU) No 806/2014
Article 77 a – paragraph 3
Article 77 a – paragraph 3
3. The use of the DIF with respect to a credit institution affiliated to a participating DGS according to paragraph 3 shall be contingent upon compliance by this credit institution with the obligations incumbent on it as a member of the participating DGS set out in this Regulation and in Directive 2014/49/EU.; A credit institution affiliated to a DGS will keep the access to the DIF while its exclusion is definitively adopted according the Article 4(4) and 4(5) of Directive 2014/49/EU;
Amendment 774 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37
Article 1 – paragraph 1 – point 37
Regulation (EU) No 806/2014
Article 77 a – paragraph 3 a (new)
Article 77 a – paragraph 3 a (new)
3a. The Board may allow the use of the DIF for alternative measures in order to prevent the failure of a credit institution provided that the conditions defined in the Article 11(3) of the Directive 2014/49/EU are met. The Board may decide that the available financial means may also be used to finance measures to preserve the access of depositors to covered deposits, including transfer of assets and liabilities and deposit book transfer, in the context of national insolvency proceedings, provided that the costs borne by the DIF do not exceed the net amount of compensating covered depositors at the credit institution concerned.
Amendment 775 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37
Article 1 – paragraph 1 – point 37
Regulation (EU) No 806/2014
Article 77 a – paragraph 3 a (new)
Article 77 a – paragraph 3 a (new)
3a. The Board may allow the use of the DIF for alternative measures in order to prevent the failure of a credit institution provided that the conditions defined in the Article 11(3) of the Directive 2014/49/EU are met. The Board may decide that the available financial means may also be used to finance measures such as the transfer of assets and liabilities and deposit book transfer, provided that the costs borne by the DIF do not exceed the net amount of compensating covered depositors of the credit institution concerned in case of pay out.
Amendment 777 #
Proposal for a regulation
Article 1 – paragraph 1 – point 38 a (new)
Article 1 – paragraph 1 – point 38 a (new)
Regulation (EU) No 806/2014
Article 92 – paragraph 2
Article 92 – paragraph 2
38a. Article 92(2) is replaced by the following: “2. Each report shall examine whether: (a) sufficient regard was had togiven to the economy, efficiency and effectiveness with which the Fund has been used, in particular thSRF and the DIF have nbeed to minimise the use of the Funn used; (b) the assessment of FundSRF or DIF aid was efficient and rigorous.”
Amendment 786 #
Proposal for a regulation
Article 1 – paragraph 1 – point 41 Regulation (EU) No 806/2014
Article 1 – paragraph 1 – point 41 Regulation (EU) No 806/2014
41. throughout Regulation (EU) No 806/2014, the word "the Fund" is replaced with "the SRF", except in Article 41(4) where the words "the Fund" are replaced by "the SRF and the DIF, as appropriate".