20 Amendments of Antolín SÁNCHEZ PRESEDO related to 2010/0207(COD)
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down rules concerning the functioning of Deposit Guarantee Schemesthe European scheme for national Deposit Guarantee Schemes intended to provide depositors in the European Union with a common safety net offering a high level of protection.
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall apply to all credit institutions offering deposit services as well as to all Deposit Guarantee Schemes on a statutory or contractual basis and to institutional protection schemes recognizsed as Deposit Guarantee Schemes.
Amendment 144 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
ca) depositor: the holder or, in the case of a shared or jointly held account, the joint holder of the deposit;
Amendment 158 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. All Deposit Guarantee Schemes referred to in Article 1 shall be supervised in accordance with the European supervisory system’s existing rules and by the competent authorities on an ongoing basis as to their compliance with this Directive.
Amendment 160 #
Proposal for a directive
Article 3 – paragraph 6 – subparagraph 1
Article 3 – paragraph 6 – subparagraph 1
Member States, coordinated by the European Banking Authority, shall ensure that Deposit Guarantee Schemes perform tests of their systems and that they are informed in the event that the competent authorities detect problems in a credit institution that are likely to give rise to the intervention of Deposit Guarantee Schemes.
Amendment 180 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Deposits shall be paid out in the currency of the Member State in which the account was maintained. Where deposits are denominated in a currency other than that of the Member State in which the account is held, the sums to be paid to depositors shall be converted into the currency of said Member State at the rate of exchange prevailing on the eve of the date on which the deposits ceased to be available. If the amounts expressed in euro referred to in paragraph 1 are converted into other currencies, the amounts effectively paid to depositors shall be equivalent to those set out in this Directive.
Amendment 184 #
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 1
Article 5 – paragraph 7 – subparagraph 1
The Commission mayshall adjust at least once each year the amounts referred to in paragraph 1 in accordance with inflation in the European Union on the basis of changes in the harmonised index of consumer prices published by the Commission.
Amendment 185 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 195 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Member States may decide that deposits referred to in Article 6(3) and Article 5(2) are subject to a longer repayment period. However, that period shall not exceed 3 months from the date on which the competent authorities make a determination as referred to in Article 2(1)(e)(i) or a judicial authority makes a ruling as referred to in Article 2(1)(e)(ii).
Amendment 204 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Any correspondence between the Deposit Guarantee Scheme and the depositor shall be drawn up in the official EU language used by the banking institution holding the guaranteed deposit when writing to the depositor or, failing this, in the official language or languages of the Member State in which the guaranteed deposit is located. If a bank operates directly in another Member State without having established branches, the information shall be provided in the language that was chosen by the depositor when the account was opened.
Amendment 205 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Notwithstanding the time limit laid down in paragraph 1, where a depositor or any person entitled to or interested in sums held in an account has been charged with an offence arising out of or in relation to money laundering as defined in Article 1 of Directive 91/308/EEC, the Deposit Guarantee Scheme may suspend any paymenttemporarily any payment in which the depositor is concerned pending the judgment of the court.
Amendment 207 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that the depositor's rights to compensation may be the subject of an individual or joint action by the depositor against the Deposit Guarantee Scheme.
Amendment 221 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
The available financial means shall at least reach the target level. Where the financing capacity falls short of the target level, the payment of contributions shall resume at least until the target level is reached again. WhereThe regular contribution shall not be less than 0.1% of the eligible deposits. Where, after the target level has been reached on the first occasion, the available financial means amount to less than two thirds of the target level because of the use of funds, the regular contribution shall not be less than 0.25% of eligible deposits.
Amendment 227 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The cumulated amount ofavailable financial means of a Deposit Guarantee Scheme shall be invested in a low-risk and sufficiently diversified manner and the deposits and investments of a scheme that are related to a single private body shall not in any way exceed 5% of ithe scheme’s available financial means. Companies which are included in the same group for the purposes of consolidated accounts, as defined in Directive 83/349/EEC or in accordance with recognised international accounting rules, shall be regarded as a single body for theis purpose of calculating this limit.
Amendment 234 #
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
The cumulated amount of contributions referred to paragraphs 1 and 2 may not exceed as an average throughout the cycle 1% of eligible deposits per calendar year.
Amendment 238 #
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
The competent authorities may temporarily suspend or entirely or partially exempt a credit institution from the obligation referred to in paragraph 2 if the sum of payments referred to in paragraphs 1 and 2 would jeopardize the settlement of claims of other creditors against it. Such exemption shall not be granted for a longer period than 6 months but may be renewed on request of the credit institution.
Amendment 241 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
The financial means referred to in paragraphs 1, 2 and 3 of this Article shall principally be used in order to repay depositors pursuant to this Directive. However, up to two thirds of the available financial means may be used for preventive and support measures as referred to in this Directive. In that case, the Deposit Guarantee Scheme shall submit to the competent authority within one month a report showing that the limit of two thirds of the available financial means has been respected. Said measures shall be implemented in accordance with the rules of competition law and subject to submission by the competent authority of a cost-benefit analysis.
Amendment 260 #
Proposal for a directive
Article 9 – paragraph 7 – subparagraph 2
Article 9 – paragraph 7 – subparagraph 2
Member States shall ensure that the information referred to in the first subparagraph is published on the web-site of the Deposit Guarantee Schemes and the European Banking Authority at least on an annual basis.
Amendment 293 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Depositors at branches set up by credit institutions in other Member States or in Member States where a credit institution authorised in another Member State operates shall be repaid by the scheme of the host Member State on behalf of the scheme in the home Member State. The home scheme shall reimburse the host schemeadvance the necessary funds to enable the host Member State scheme to meet the home Member State scheme’s obligation to pay depositors as laid down in paragraph 1.
Amendment 310 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. By 31 December 2015 the Commission shall submit a report, and, if appropriate, a legislative proposal to the European Parliament and the Council with the aim to determine whether existing Deposit Guarantee Schemes should be replaced by a single scheme for the whole Union. Likewise, by 2 January 2014 the date on which the review of Regulation (EU) No 1093/2010 of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority) is also due, the Commission shall submit a legislative proposal to the European Parliament and the Council setting out how Deposit Guarantee Schemes operating in the EU may form part of a European Deposit Guarantee Scheme through the creation of a European deposit guarantee fund intended to coordinate their operation, prevent risks arising from cross-border activities and protect deposits from these risks.