32 Amendments of Kateřina KONEČNÁ related to 2016/0359(COD)
Amendment 119 #
Proposal for a directive
Recital 18
Recital 18
(18) To promote efficiency and reduce delays and costs, national preventive restructuring frameworks should include flexible procedures limiting the involvement of judicial or administrative authorities to where it is necessary and proportionate in order to safeguard the interests of creditors and other interested parties likely to be affected. To avoid unnecessary costs and reflect the early nature of the procedure, debtors should in principle be left in control of their assets and the day-to-day operation of their business. The appointment of a restructuring practitioner, whether a mediator supporting the negotiations of a restructuring plan or an insolvency practitioner supervising the actions of the debtor, should not be mandatory in every case, but made on a case-by-case basis depending on the circumstances of the case or on the debtor's specific needs. Furthermore, there should not necessarily be a court order for the opening of the restructuring process which may be informal as long as the rights of third parties are not affected. Nevertheless, a degree of supervisionA degree of supervision by a judicial or administrative authority should be ensured when this is necessary to safeguard the legitimate interests of one or more creditors or another interested party. This may be the case, in particular, when a general stay of individual enforcement actions is granted by the judicial or administrative authority or where it appears necessary to impose a restructuring plan on dissenting classes of creditors.
Amendment 148 #
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46a) Under no circumstances should workers bear the burden of restructuring, insolvency and discharge procedures, and the debts due to them, such as unpaid wages, should always be satisfied first. In order to guarantee the continuity of production and employment and to better fight tactical or fraudulent practices by the management, workers should also be informed and consulted at the initial stage of restructuring, insolvency and discharge procedures.
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) the obligations of over-indebted entrepreneurs and directors to creditors, workers, shareholders, other stakeholders and the relevant Member State(s)
Amendment 161 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) 'affected parties' means creditors or classes of creditors, including workers, and, where applicable under national law, equity holders whose claims or interests are affected under a restructuring plan;
Amendment 199 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Preventive restructuring frameworks may consist of one or more procedures or measures, duly negotiated and consulted with workers ‘representatives, who shall retain all rights of collective bargaining and industrial action. They shall also provide for procedures or measures aimed at the acquisition of the indebted enterprise by its workers, in accordance with the law of the relevant Member State.
Amendment 203 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shallmay put in place provisions limiting the involvement of a judicial or administrative authority to where it is necessary and proportionate sowhile ensuring that rights of any affected parties are safeguarded.
Amendment 206 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Preventive restructuring frameworks shall be available on the application by debtors, or byby workers or by other creditors with the agreement of debtors.
Amendment 214 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 218 #
Proposal for a directive
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
Amendment 220 #
Proposal for a directive
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
Amendment 221 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that a creditors' committee is established. The committee shall include representatives of the main creditors and other stakeholders, including workers. The members of the creditor's committee shall support and monitor the insolvency administrator´s execution of his office. They shall demand information on the progress of business affairs, have the books and business documents inspected and the monetary transactions and the available cash verified.
Amendment 230 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Paragraph 2 shall not apply to workers' outstanding claims except if and to the extent that Member States ensure by other means that the payment of such claims is guaranteed at a level of protection at least equivalent to that provided for under the relevant national law transposing Directive 2008/94/EC.
Amendment 237 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall limit the duration of the stay of individual enforcement actions to a maximum period of no more than four month70 days.
Amendment 242 #
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The total duration of the stay of individual enforcement actions, including extensions and renewals, shall not exceed twelve month100 days.
Amendment 252 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. A general stay covering all creditors shall prevent the opening of insolvency procedures at the request of one or more creditors, with the exception of workers, in accordance with paragraph 3 of Article 6.
Amendment 265 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall require restructuring plans submitted for confirmation by a judicial or administrative authority to contain at least the following information and shall ensure that such information is the subject of information and consultation with the workers´ representatives, and where there are no workers' representatives, with the workers themselves:
Amendment 267 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) a valuation of the present value of the debtor or the debtor's business as well as a reasoned statement on the causes and the extent of the financial difficulties of the debtor;, including a description of any assets, debts, and their location, and including an evaluation of the financial obligations relating to and the financial flows towards and from the business' parent companies and subsidiaries, in order to estimate the financial capacity of the debtor´s economic group when joint responsibility may arise.
Amendment 275 #
Proposal for a directive
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) an opinion or reasoned statement by the person responsible for proposing the restructuring plan which explains why the business is viable, how implementing the proposed plan is likely to result in the debtor avoiding insolvency and restore its long-term viability, and states any anticipated necessary pre-conditions for its success. Such an opinion or reasoned statement shall be the subject of validation by an external expert.
Amendment 277 #
Proposal for a directive
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) workers' claims or other rights shall be treated taking into account that any financial claims by workers have full priority.
Amendment 283 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that any affected creditors, including workers, have a right to vote on the adoption of a restructuring plan. Member States may also grant such voting rights to affected equity holders, in accordance with Article 12(2).
Amendment 289 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that affected parties are treated in separate classes which reflect the class formation criteria. Classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest. As a minimum, secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan. Member States mayshall also provide that workers are treated in a separate class of their own.
Amendment 296 #
Proposal for a directive
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Member States shall guarantee that, in case other creditors fail to collaborate, the workers' restructuring plan may be presented to the relevant judicial or administrative authority and can be adopted without the consent of non-cooperative creditors.
Amendment 304 #
Proposal for a directive
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
(ca) workers' representatives have been informed and consulted
Amendment 313 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Amendment 336 #
Proposal for a directive
Article 18 – paragraph 1 – point d a (new)
Article 18 – paragraph 1 – point d a (new)
(da) not to reduce intentionally the value of the company´s net assets below the level necessary to discharge accrued liabilities to workers
Amendment 358 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall encourage, by any means which they consider appropriate, the development of, and adherence to, voluntary codes of conduct bysure that practitioners in the field of restructuring, insolvency and second chance, as well as other effective oversight mechanisms concerning the provisions of such services comply with statutory codes of conduct, which shall at least include provisions on training, qualification, licensing, registration, personal liability, insurance and good repute.
Amendment 366 #
Proposal for a directive
Article 28 – paragraph 1 – point c
Article 28 – paragraph 1 – point c
(c) notifications to creditors; and workers´ representatives
Amendment 371 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 – point g a (new)
Article 29 – paragraph 1 – subparagraph 1 – point g a (new)
(ga) the number of job losses and the impact on workers conditions of restructuring agreements and insolvency procedures
Amendment 373 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 – point g b (new)
Article 29 – paragraph 1 – subparagraph 1 – point g b (new)
(gb) the number of fraudulent restructuring and insolvency procedures and the functioning of enforcement mechanisms in place
Amendment 376 #
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Amendment 378 #
Proposal for a directive
Article 31 – paragraph 1 – point a a (new)
Article 31 – paragraph 1 – point a a (new)
(aa) Directive 2008/94/EC concerning the protection of employees in the event of insolvency of an employer.
Amendment 379 #
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. This Directive shall be without prejudice to workers' rights guaranteed by Directives 98/59/EC, 2001/23/EC, 2002/14EC, 2008/94/EC and 2009/38/EC and the European Charter of Fundamental Rights.