Activities of Olle SCHMIDT related to 2010/0207(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on Deposit Guarantee Schemes (recast)
Amendments (14)
Amendment 38 #
Proposal for a directive
Recital 26
Recital 26
(26) The payout delay of at maximum six weeks from 31 December 2010, runs counter to the need to maintain depositor confidence and does not meet their needs. The payout delay should therefore be reduced to a period of one weekfive working days.
Amendment 39 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Supervisory authorities should apply rigorous licensing procedure for each credit institution that intends to be part of a Deposit Guarantee Scheme.
Amendment 45 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
No credit institution may take deposits unless it is a member of such a scheme and fulfil requirements by supervisory authorities. It is necessary for supervisory authorities to have a rigorous licensing procedure to assess the soundness of the business plan for each institution that make use of the Deposit Guarantee Scheme.
Amendment 59 #
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. 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 63 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Deposit Guarantee Schemes shall be in a position to repay unavailable deposits within 7five working days of 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 65 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
Member States may decide that until 31 December 2015 a time limit for payout of ten working days should apply, provided that after a thorough examination the competent supervisory authority establishes that the Deposit Guarantee Schemes are not yet in a position to guarantee a time limit of five working days for payout.
Amendment 66 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1 b (new)
Article 7 – paragraph 1 – subparagraph 1 b (new)
If Member States have adopted a longer time limit for payout of ten working days until 31 December 2015, depositors shall upon request receive a payout of up to EUR 5 000 from the Deposit Guarantee Scheme within five working days on their deposit eligible for reimbursement.
Amendment 105 #
Proposal for a directive
Recital 2
Recital 2
(2) In order to make it easier to take up and pursue the business of credit institutions, it is necessary to eliminate theall differences between the laws of the Member States as regards the rules on Deposit Guarantee Schemes to which these institutions are subject, and thereby ensure full harmonisation.
Amendment 109 #
Proposal for a directive
Recital 5
Recital 5
(5) Directive 94/19/EC was based on the principle of minimum harmonisation. Consequently, a variety of Deposit Guarantee Schemes with very distinct features were established in the Union. This caused market distortions for credit institutions and limited the benefits of the Internal Market for depositors. Full harmonisation is therefore of utmost importance in order to eliminate these distortions.
Amendment 134 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Supervisors authorities should apply rigorous licensing procedure for each credit institution that intends to be part of a Deposit Guarantee Scheme.
Amendment 156 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
No credit institution may take deposits unless it is a member of such a scheme and fulfils requirements by supervisory authorities. It is necessary for supervisory authorities to have a rigorous licensing procedure to assess the credibility and correctness of the business plan for each financial or credit institution that want to be part of the Deposit Guarantee Scheme.
Amendment 201 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1 b (new)
Article 7 – paragraph 1 – subparagraph 1 b (new)
If Member States have adopted a longer time limit for payout of ten working days until 31 December 2015, depositors shall upon request receive a payout of up to EUR 5 000 from the Deposit Guarantee Scheme within five working days on their deposit eligible for reimbursement.
Amendment 219 #
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. WhereIf the available financial means reach 1,7% of the covered deposits no additional contributions should be paid. When the available financial means amount to less than two thirds of the target level, the regular contribution shall not be less thant 0.,125% of eligiblecovered deposits.
Amendment 297 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. If a credit institution ceases to be member of a scheme and joins another scheme, the contributions paid during the 6 months preceding the withdrawal of membership shall be reimbursed or transferred to the otherfirst scheme shall transfer the share of the available financial means assigned to the credit institution to the other scheme given that this does not risk the stability of the first scheme. This shall not apply if a credit institution has been excluded from a scheme pursuant to Article 3(3).