Activities of Marianne THYSSEN related to 2012/0150(COD)
Plenary speeches (1)
Framework for the recovery and resolution of credit institutions and investment firms - Deposit guarantee schemes (debate)
Amendments (30)
Amendment 389 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that each institution that is not part of a group over which supervision on a consolidated basis is exercised pursuant to Articles 125 and 126 of Directive 2006/48/EC draws up and maintains a recovery plan providing, through measures taken by the management of the institution or by a group entity, for the restoration of its financial situation following significant deterioration. Recovery plans shall be considered as a governance arrangement within the meaning of Article 22 of Directive 2006/48/EC.
Amendment 428 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The competent authorities – in the case of significant branches, in consultation with the competent authority of the host Member State – shall review those plans and assess the extent to which each plan satisfies the requirements set out in Article 5 and the following criteria:
Amendment 441 #
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. If the institution fails to submit a revised recovery plan, or if the competent authority determines that the revised recovery plan does not adequately remedy the deficiencies or potential impediments identified in its original assessment, the competent authorities shall require the institution to take any measure it considers necessary and proportionate to ensure that the deficiencies or impediments are removed. In addition to the measures that may be required in accordance with Article 136 of Directive 2006/48/EC, t, taking due account of the impact of the required measures on the soundness and stability of current business. The competent authorities may, in particular, require the institution to take the actions to:referred to in Article 136 of Directive 2006/48/EC.
Amendment 442 #
Proposal for a directive
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
Amendment 444 #
Proposal for a directive
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
Amendment 445 #
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
Amendment 448 #
Proposal for a directive
Article 6 – paragraph 4 – point d
Article 6 – paragraph 4 – point d
Amendment 450 #
Proposal for a directive
Article 6 – paragraph 4 – point e
Article 6 – paragraph 4 – point e
Amendment 461 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that parent undertakings or institutions that are subject to consolidated supervision pursuant to Articles 125 and 126 of Directive 2006/48/EC draw up and submit to the consolidating supervisor a group recovery plan that includes a recovery plan for the whole group, including for the companies referred to in points (c) and (d) of Article 1, as well as a recovery plan for each institutions that isare part of the group if this is necessary in order for the plan to be operational or for the financial stability of the host Member State.
Amendment 471 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The consolidating supervisor shall transmit the group recovery plans to the relevant competent authorities referred to in Article 131a of Directive 2006/48/EC, to the competent authorities of the host Member State in the case of significant branches and to EBA.
Amendment 484 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The group recovery plan shall include for the whole group and for each of its relevant entities the elements and arrangements provided in Article 5. It shall also include, where applicable, arrangements for possible intra-group financial support adopted in accordance with any agreement for group financial support that has been concluded in accordance with Article 16.
Amendment 634 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that when, pursuant to an assessment of resolvability carried out in accordance with Article 13, a resolution authority determines that there are potential substantive impediments to the resolvability of an institution, the resolution authority shall notify in writing that determination to the institution.
Amendment 637 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Within four months of the date of receipt of a notification made in accordance with paragraph 1, the institution shall propose to the resolution authority measures to address or remove the substantive impediments identified in the notification. The resolution authority, in consultation with the competent authorities, shall assess whether those measures effectively address or remove the substantive impediments in question.
Amendment 647 #
Proposal for a directive
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
Amendment 652 #
Proposal for a directive
Article 14 – paragraph 4 – point d
Article 14 – paragraph 4 – point d
Amendment 655 #
Proposal for a directive
Article 14 – paragraph 4 – point e
Article 14 – paragraph 4 – point e
Amendment 657 #
Proposal for a directive
Article 14 – paragraph 4 – point f
Article 14 – paragraph 4 – point f
Amendment 659 #
Proposal for a directive
Article 14 – paragraph 4 – point g
Article 14 – paragraph 4 – point g
Amendment 663 #
Proposal for a directive
Article 14 – paragraph 4 – point h
Article 14 – paragraph 4 – point h
Amendment 668 #
Proposal for a directive
Article 14 – paragraph 4 – point i
Article 14 – paragraph 4 – point i
Amendment 684 #
Proposal for a directive
Article 14 – paragraph 7 a (new)
Article 14 – paragraph 7 a (new)
7a. Member States shall ensure that institutions affected by measures taken by a resolution authority pursuant to this article have adequate opportunities for appealing against, and seeking review of, this decision.
Amendment 699 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The group level resolution authority, in cooperation with the consolidating supervisor and EBA in accordance with Article 25(1) of Regulation (EU) No 1093/2010, shall prepare and submit a report to the parent undertakings or institution subject to consolidated supervision and to the resolution authorities of the subsidiaries. The report shall be prepared in consultation with the competent authorities, and shall analyse the substantive impediments to the effective application of the resolution tools and the exercising of the resolution powers in relation to the group. The report shall also recommend anyconsider the impact on the institution’s business model and recommend any proportionate and targeted measures that, in the authorities' view, are necessary or appropriate to remove those impediments.
Amendment 1057 #
Proposal for a directive
Article 37 – paragraph 2 – introductory part
Article 37 – paragraph 2 – introductory part
2. Member States shall ensure that resolution authorities may apply the bail-in tool for either of the following purposes:in order to comply with the resolution objectives specified in Article 26.
Amendment 1059 #
Proposal for a directive
Article 37 – paragraph 2 – point a
Article 37 – paragraph 2 – point a
Amendment 1061 #
Proposal for a directive
Article 37 – paragraph 2 – point b
Article 37 – paragraph 2 – point b
Amendment 1064 #
Proposal for a directive
Article 37 – paragraph 3 – subparagraph 1
Article 37 – paragraph 3 – subparagraph 1
Member States shall ensure that resolution authorities may apply the bail-in tool for the purpose referred to in point (a) of paragraph 2 only if there is a realistic prospect that the application of that tool, in conjunction with measures implemented in accordance with the business reorganisation plan required by Article 47 will, in addition to achieving relevant resolution objectives, restore the institution in question to financial soundness and long-term viabilityonly to achieve the resolution objectives specified in Article 26.
Amendment 1157 #
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall ensure that the institutions, in the light of their risk exposure, maintain, at all times, a sufficient aggregate amount of own funds and eligible liabilities expressed as a percentage of the total liabilities of the institution that do not qualify as own funds under Section 1 of Chapter 2 of Title V of Directive 2006/48/EC or under Chapter IV of Directive 2006/49/EC. The EBA shall draft technical regulatory standards which specify the assessment criteria on the basis of which, for each institution, a sufficient aggregate amount of own funds and eligible liabilities that do not qualify as own funds under Section 1 of Chapter 2 of Title V of Directive 2006/48/EC or under Chapter IV of Directive 2006/49/EC must be determined. The EBA shall submit those draft regulatory technical standards to the Commission within twelve months from the entry into force of this Directive.
Amendment 1169 #
Proposal for a directive
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. The minimum aggregate amount pursuant to paragraph 1 shall be determined on the basis of the following criteria:
Amendment 1186 #
Proposal for a directive
Article 39 – paragraph 6
Article 39 – paragraph 6
6. Resolution authorities shall inform EBA of the minimumaggregate amount they have determined for each institution under their jurisdiction. EBA shall report to the Commission by 1 January 2018 at the latest on the implementation of the requirement under paragraph 1. In particular EBA shall report to the Commission whether there are divergences regarding the implementation at national level of that requirement.
Amendment 1197 #
Proposal for a directive
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The Commission shall, by means of delegated acts in accordance with Article 103, adopt measures to specify the criteria provided for in points (a) to (e) of paragraph 3 with possible references to different categories of institutions and related ranges of percentages.