26 Amendments of Antolín SÁNCHEZ PRESEDO related to 2012/0244(COD)
Amendment 84 #
Proposal for a regulation
Recital 2
Recital 2
(2) TFollowing the adoption of the Treaty establishing the European Stability Mechanism, the provision for a sSingle sSupervisory mMechanism, is thekey to break the vicious circle between banks and sovereigns; to have the possibility to recapitalise banks directly; as well as a first step towards the creation of an European bBanking uUnion, which needs to be complemented with common mechanisms to resolve banks and guarantee customer deposits underpinned at EU level by a true single rulebook for financial services and composed also of a common deposit insurance and resolution framework too.
Amendment 103 #
Proposal for a regulation
Recital 4
Recital 4
(4) The conferral to the ECB of supervisory tasks to the ECB ion the banking sector for part of the Member States of the Union should not in any way hamper thepromote the safety and solvency of banks to preserve financial stability and to ensure the use of euro as a single currency in the banking sector while guaranteeing the integrity and well functioning of the internal market in the field of financial services. IFollowing such conferral, it is therefore necessary to ensure the proper functioning of the EBA following that conferral.
Amendment 114 #
Proposal for a regulation
Recital 5
Recital 5
(5) In view of the supervisory tasks conferred on the ECB by Council Regulation (EU) No …/… [127(6) Regulation], EBA should be able to carry out its tasks also in relation to the ECB. In order to ensure that existing mechanisms for settlement of disagreements and actions in emergency situations remain effective, a specific procedure should be provided for. In particular, if the ECB does not comply with an action by EBA to settle a disagreement or to address an emergency situation, it should be required to explain its reasons. In that case, whenever based on requirements set out in directly applicable Union law EBA can adopt an individual decision addressed to the financial institution concerned, it should do so.
Amendment 131 #
Proposal for a regulation
Recital 7
Recital 7
(7) Decisions concerning breaches of Union law and settlement of disagreements should be examined by an independent panels composed of voting members of the Board of Supervisors which do not have any conflicts of interest, appointed by the Board of Supervisors. The decisions proposed by the panel to the Board of Supervisors should be considered as adopted unless rejected by a simple majority, which should include an adequate number of votes from members from euro area Member States participating in the SSM and from Member States that do not participate in the SSM, non euro area Member States associated in the ESM and from the rest of the Member States.
Amendment 140 #
Proposal for a regulation
Recital 8
Recital 8
(8) The euro area members of the independent panels set up according to Article 41(2) of Regulation (EU) No 1093/2010 should not be considered to be in a situation of conflict of interest on the sole ground that they are representatives of competent authorities which are part of the SSM and a given case to be decided upon by the Panel concerns the SSM. The EBA should develop rules of procedure for the panel that ensure its independence and objectivity.
Amendment 169 #
Proposal for a regulation
Article 1 – point -1 f (new)
Article 1 – point -1 f (new)
Regulation (EU) No 1093/2010
Article 2 – paragraph 2 – point (f)
Article 2 – paragraph 2 – point (f)
-1f. Article 2(2)(f) is replaced by the following: "(f) the Eurobanking Central Supervisor (ECS) and the assisting National Authorities for the tasks conferred upon it by Council Regulation (EU) No .../... [127(6) TFEU and the competent supervisory authorities in the Member States as specified in the Union acts referred to in Article 1 (2) of this Regulation, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010."
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 j (new)
Article 1 – paragraph 1 – point -1 j (new)
Regulation (EU) No 1093/2010
Article 3
Article 3
-1j. Article 3 is replaced by the following: "Accountability of the Authorities The Authorities referred to in Article 2(2)(a) to (d) as well the ECS and the assisting National Authorities in accordance with Council Regulation (EU) No .../... [127(6) TFEU Council Regulation], shall be accountable to the European Parliament and the Council."
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 1093/2010
Article 4 – point 2 – point (i)
Article 4 – point 2 – point (i)
"(i) Competent authorities as defined in Directives 2006/48/EC and 2006/49/EC, including the Eurobanking Central Supervisor (ECS) as the separate supervisory branch within the ECB for matters related to the tasks conferred upon it by Council Regulation (EU) No …/….../... [127(6) TFEU Council Regulation], in Directive 2007/64/EC, and as referred to in Directive 2009/110/EC."
Amendment 181 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 e (new)
Article 1 – paragraph 1 – point 1 e (new)
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point j a (new)
Article 8 – paragraph 1 – point j a (new)
Amendment 188 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation EU No 1093/2010
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
"1. In the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Union, the Authority shall actively facilitate and, where deemed necessary, coordinate any actions undertaken by the ECS or any other relevant competent supervisory authorities."
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation EU No 1093/2010
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
"In order to be able to perform that facilitating and coordinating role, the Authority shall be fully informed of any relevant developments, and shall be invited to participate as an observelead supervisor in any relevant gathering bycalled at its own initiative or at the initiative of the relevant competent supervisory authorities."
Amendment 193 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 1093/2010
Article 18 – paragraph 3a
Article 18 – paragraph 3a
"3a. Where the Authority requests the ECB as competent authority to take the necessary action in accordance with paragraph 3, the ECB shall comply with it or shall provide within 48 hours at the latest adequate justification to the Authority for its non-complianceexplaining where appropriate whether it refers mainly to the use and smooth functioning of the euro as the single currency."
Amendment 202 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 1093/2010
Article 19 – paragraph 3a
Article 19 – paragraph 3a
"3a. Where the Authority requests the ECB as competent authority to take specific action or to refrain from action in accordance with paragraph 3, the ECB shall comply with it or shall within ten working days of the receipt of the request provide adequate justification to the Authority for its non-complianceexplaining where appropriate whether it refers mainly to the use and smooth functioning of the euro as the single currency."
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 d (new)
Article 1 – paragraph 1 – point 3 d (new)
Regulation (EU) No 1093/2010
Article 21 – paragraph 1
Article 21 – paragraph 1
3d. In Article 21, paragraph 1 is replaced by the following: "1. The Authority shall contribute to promoting and monitoring the efficient, effective and consistent functioning of the colleges or supervisors referred to in Directive 2006/48/EC and foster the coherence of the application of Union law among the colleges of supervisors. With the objective of converging supervisory best practices the Authority shall promote joint supervisory plans and joint examinations; staff from the Authority shall be able to participate in the activities of the colleagues of supervisors, including on-site examinations, carried out jointly by two or more competent authorities."
Amendment 207 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 e (new)
Article 1 – paragraph 1 – point 3 e (new)
Regulation (EU) No 1093/2010
Article 27 – paragraph 2 – subparagraph 1
Article 27 – paragraph 2 – subparagraph 1
3e. In Article 27(2) subparagraph is replaced by the following: "2. The Authority shall contribute to the development of a system of coherent, robust and credible funding mechanisms with appropriate funding instruments linked to a set of coordinated national crisis management arrangements and to the creation of common mechanisms to resolve banks that include a European Authority that controls a European Fund."
Amendment 208 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 f (new)
Article 1 – paragraph 1 – point 3 f (new)
3f. In Article 29(1), point (c) is replaced by the following: "c. [...] developing high quality and uniform supervisory standards, including disclosure and reporting standards and international accounting standards in accordance with Article 1(3);"
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – introductory part
Article 1 – paragraph 1 – point 4 – introductory part
Regulation (EU) No 1093/2010
Article 35
Article 35
4. In Article 35, paragraphs 1, 2, 3 and 36 are replaced by the following:
Amendment 210 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1093/2010
Article 35 – paragraph 1
Article 35 – paragraph 1
"1. At the request of the Authority, the competent authorities shall provide the Authority with all the necessary information to carry out the duties assigned to it by this Regulation, provided that they have legal access to the relevant information and that the request for information is necessary in relation to the nature of the duty in question. The information must be accurate, integral, complete and timely."
Amendment 211 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1093/2010
Article 35 – paragraph 2
Article 35 – paragraph 2
"2. The Authority may also request information to be provided at recurring intervals and in specified formats or comparable templates. Such requests shall, where possible, be made using common reporting formats."
Amendment 214 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) No 1093/2010
Article 35 – paragraph 6
Article 35 – paragraph 6
4 a. In Article 35, paragraph 6 is replaced by the following: "6. Where information is not available or is not expected to be made available [...] in a timely fashion, the Authority may, reasoning why the information concerning the respective individual information is necessary, request information from: - relevant financial institutions, - holding companies or/and branches of a relevant financial institution, - non-regulated operational entities within a financial group or conglomerate that are significant tot the financial activities of the relevant financial institutions, - persons involved in the activities of the relevant financial institutions, -auditors, credit rating agencies, financial infrastructures and any other third parties that have provided services or to whom the financial institutions have outsourced operational functions or activities. The addressees of such a request shall provide the Authority with clear, accurate and complete information promptly and without undue delay. The Authority shall inform the relevant competent authorities of requests in accordance with this paragraph and with paragraph 5. At the request of the Authority, the competent authorities shall assist the Authority in collecting the information."
Amendment 220 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 –paragraphs 2 – subparagraph 1
Article 41 –paragraphs 2 – subparagraph 1
"For the purposes of Article 17 and 19, the Board of Supervisors shall establish an independent panels to facilitate a consistent and fair settlement of the disagreement, consisting of the Chairperson and at least two members appointed by the Board of Supervisors among its voting members. At least one member of tThe independent panels shall be integrated in a balanced way taking into account, where appropriate, if they come from a Member States which is not aare participating Member Statent, associated or not participant in accordance with Regulation (EU) No …/….../... [127(6) TFEU Council Regulation]."
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 –paragraph 4
Article 41 –paragraph 4
"4. The Board of Supervisors shall adopt rules of procedure for the panels referred to in paragraph 2, taking into account the different circumstances of the different settlement case and including rules implementing the requirement set out in the second subparagraph of that paragraph."
Amendment 244 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
"With regard to decisions in accordance with Articles 17 and 19, the decision proposed by the panel shall be considered as adopted unless it is rejected by a simple majority which shall include at least three. Such majority shall be formed including, where appropriate, votes from members of participating Member States and three votes from, from associated Member States and members of Member States which are neither participating Member States in accordance with Regulation (EU) No …/….../...[127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulation."
Amendment 262 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) No 1093/2010
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
"The term of office of the members elected by the Board of Supervisors shall be 2 1/2 years. That term may be extended once. The composition of the Management Board shall be balanced and proportionate and shall reflect the Union as a whole. The Management Board shall inclu, taking into conside rat least two representatives from Member States which are not participatingion the position of the different Member States in accordance with Regulation [127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulation. Mandates shall be overlapping and an appropriate rotating arrangement shall apply."
Amendment 272 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
Without prejudice to Article 81 of Regulation (EU) No 1093/2010, by 1 January 2016, the Commission shall publish aregular reports on the application of the provisions of this Regulation in relation to:
Amendment 279 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
The reportfirst report shall be issued by 1 January 2016. The reports shall take into account in particular any developments in the number of Member States whose currency is the Euro or whose competent authorities have entered into a close cooperation in accordance with Article 6 of Regulation …/… and shall examine whether in light of such developments any further adjustments of those provisions are necessary to ensure that EBA decisions are taken in the interest of maintaining and strengthening the internal market for financial services.