59 Amendments of Olle SCHMIDT related to 2012/0244(COD)
Amendment 81 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) It is critical that the banking union should contain democratic accountability mechanisms. There should be consideration of the function of national parliaments.
Amendment 92 #
Proposal for a regulation
Recital 3
Recital 3
(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/… [127(6) Regulation] confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the European Banking Authority (EBA) falling within the scope of the ECB tasks.
Amendment 94 #
Proposal for a regulation
Recital 3
Recital 3
(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/… [127(6) Regulation] on a temporary basis until 31 December 2015, confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the European Banking Authority (EBA) falling within the scope of the ECB tasks. By 1 January 2016 a permanent supervisory structure should be in place building on the existing European supervisory authorities while drawing upon the expertise and experience of the ECB, particularly for the execution of supervisory tasks. For this reason, all references to tasks conferred to the ECB in this Regulation shall be regarded as temporary, even where not explicitly stated.
Amendment 95 #
Proposal for a regulation
Recital 3
Recital 3
(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/… .../...[127(6) Regulation] confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the Europeacompetent authorities participating in the ECB component of the SSM, when participating in the decision- making as Members of the Board of Supervisors of EBA should act independently and only in the interests of the Union Banking Authority (EBA) falling within the scope of the ECB tasksd with a duty of care to the internal market. The EBA and all its formations and participants should not discriminate between Member States or a group of Member States either directly or indirectly.
Amendment 96 #
Proposal for a regulation
Recital 3
Recital 3
(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/… [127(6) Regulation] confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the European Banking Authority (EBA) falling within the scope of the ECB tasks.
Amendment 108 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The single market and the cohesion of the EU must be secured. With regard to this, concerns such as governance and voting arrangements in the EBA should be considered carefully and equal treatment of Member States participating in the SSM and other Member States must be guaranteed.
Amendment 109 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In order to prevent the risk that the establishment of a supervisory mechanism which covers only some of the Member States could lead to a fragmentation of supervisory practices within the internal market, it is fundamental that the single rulebook is accompanied by a European supervisory handbook, drawn up by EBA in consultation with national supervisory authorities, in order to identify the practices of the highest quality across the Union as regards supervisory methodologies and processes so that core Basel and Union principles are not undermined. The handbook should not restrict judgement led supervision and should also include, where appropriate and within the remit of EBA, the areas of consumer protection and efforts against money laundering. In addition to clear guidelines for the implementation of sectoral legislation, including technical standards, the handbook should set out metrics and methodologies for risk assessment, identification of early warnings and criteria for supervisory action. Competent authorities should apply the handbook strictly and should not treat it as a tick-box exercise. Any divergence in their practices should be considered as a significant element in the assessment of malpractices or breaches of Union law. (Modification of the rapporteur’s amendment 3.)
Amendment 111 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Bearing in mind that the EBA, in works of which all Member States participate with equal rights, was established with an aim to develop the single rulebook and ensure the coherence of supervisory practices within the EU and given the establishment of the single supervisory mechanism with a leading role of the ECB, the EBA needs to be equipped with adequate instruments, which will enable it to efficiently perform its entrusted tasks concerning the integrity of the single market in the area of financial services.
Amendment 118 #
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 specificcommon procedure, binding for all competent authorities, should be provided for. In particular, if the competent authority, including 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 119 #
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. Additionally, to ensure the level playing field between the ECB and Member States out of the single supervisory mechanism, the same right should be granted to the national competent authorities. 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 121 #
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, ifnd to comply with the requirement for all Member States to be treated equally, the ECB does notshould comply with an action by EBA to settle a disagreement or to address an EBA procedures in the same way as competent authorities of non-participating Membergency 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 States. The EBA may establish comply or explain procedures, after which it will address individual decisions to the institutions concerned, it should do so.
Amendment 123 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The mandate of the EBA to settle disagreements, involving the ECB with regard to cases concerning prudential supervision, can be inferred from the fact that both the establishment of the EBA and the conferment of specific supervisory tasks on the ECB have been introduced through secondary law.
Amendment 125 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure that interests of all Member States are adequately taken into account and to allow for the proper functioning of the EBA with a view to maintain and deepen the internal market in the field of financial services, the voting modalities within the Board of Supervisors should be adapted, in particular with regard to decisions taken by the EBA at simple majority.
Amendment 127 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure that interests of all Member States are adequately taken into account and to allow for the proper functioning of the EBA with a view to maintain and deepen the internal market in the field of financial services, the voting modalities within the Board of Supervisors should be adapted, in particularboth with regard to decisions taken by the EBA at simple majority and decisions taken at qualified majority.
Amendment 133 #
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 panel 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 rejecadopted by a simple majority, which should include an adequate number of votes from membersimple majority of votes from Member States participating in the SSM and from Member States that do not participate in the SSM.
Amendment 135 #
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 panel 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 Member States participating in the SSM and from Member States that do not participate in the SSM. Furthermore, in order to maintain the necessary incentives for closer integration of Member States within a single Union-wide supervisory mechanism, where disagreements occur between home and host competent authorities, a balance should be maintained in the decision-making process to ensure that the ability of host Member States to apply stricter prudential standards is not undermined in particular where the entity in the host Member State is of systemic importance or size.
Amendment 136 #
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 panel 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 uonless rejected by a simple majority, which should include an adequate number of votes from members from Member Sy if accepted by the Board of Supervisors at simple majority in two separate votings, one of which tatkes participating in the SSM and from Member States that do not participate in the SSMlace in the group of the Member States with common euro currency and the second in the group of remaining Member States.
Amendment 137 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) It is important to maintain a balance among euro area and non-euro area competent authorities participating in the ECB component of the SSM since the latter are not represented on the Governing Council of the ECB. Therefore, where a competent authority from a Member State that has entered into close cooperation with the ECB in accordance with Regulation (EU) No .../... [127(6) Regulation] disagrees with a supervisory action of the ECB addressed to an institution within that Member State, it should be able to refer the matter to an the independent panel within EBA, consisting of the competent authorities of the participating Member States and of the Member States that have entered into close cooperation agreements with the ECB. The panel, by simple majority of the competent authorities represented, should be able to propose a decision on the matter to the Board of Supervisors, where it should be considered adopted unless opposed by a simple majority. Competent authorities not participating in the SSM may also refer decisions to the independent panel with regard to firms operating in their jurisdiction that may have serious implications for stability or the internal market. (Based on Rapporteur's amendment 6.)
Amendment 138 #
Proposal for a regulation
Recital 8
Recital 8
(8) The members of the independent panel 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 141 #
Proposal for a regulation
Recital 8
Recital 8
(8) The members of the independent panel 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, in particular, in cases when they representatives of the competent authoritiesy, which are part of the SSM and a given case to be decided upon by the Panel concerns the SSMhas jurisdiction within the Member State, in which the concerned credit institution operates. The EBA should develop rules of procedure for the panel that ensure its independence and objectivity.
Amendment 144 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Since the Member States which entered into close cooperation with the SSM are devoid of voting rights in the Governing Council of the ECB, which results in a lack of effective influence on the decision making process within the SSM, a special procedure for settlement of disagreements between the ECB and a competent authority of a Member State which has entered into close cooperation shall be established, which will compensate for the absence of forceful instruments to sway the decision making process taken within the SSM and at the same time, will safeguard the right to protect justified interests, in particular the stability of the local financial market. To that end, the EBA should be equipped with the ultimate authority to settle disagreements between the ECB and the competent authority of a Member State that has entered into close cooperation with the SSM.
Amendment 148 #
Proposal for a regulation
Recital 9
Recital 9
(9) The composition of the Management Board should be balanced and proper representation of Member States participating in the SSM, remaining in the close cooperation, and not participating in the SSM should be ensured.
Amendment 153 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) The revision of Regulation (EU) No 1093/2010 in light of the proposal for the SSM can distort the relatively good balance between euro and non-euro area countries which exists at the moment within the EBA. It can thus lead to a dominant position of the euro area when decisions on technical standards are made, which in turn would impact important financial sector regulations which concern the Union as a whole.
Amendment 155 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) An effective single, Union-wide supervisory mechanism should include not only an authority with the power to design and ensure the consistent Union- wide implementation of a single rulebook, but also the harmonised execution by competent authorities of that single rulebook. While the ECB component of the SSM can perform this role for some Member States, it is not feasible for it to do so for all as there are institutional obstacles to ensuring equal treatment of non-euro area participants and a possibility of conflict between euro area monetary policy and Union-wide supervisory policy. Therefore, harmonised execution through a single supervisory body can only be achieved by other means. It is imperative that where there is a conflict between Euro-area monetary policy and Union-wide supervisory policy the requirements of Euro-area monetary policy are not imposed on non-Euro area countries where it would be damaging to their monetary policy. Any analysis of such conflict may not be made solely by the ECB, but must be referred inter alia to the ESRB. The monetary policy of the ECB must be conducted independently. (Modification of rapporteur’s amendment 11 - last sentence an addition.)
Amendment 168 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 e (new)
Article 1 – paragraph 1 – point -1 e (new)
Regulation (EU) No 1903/2010
Article 1 – paragraph 5 – subparagraph: 4
Article 1 – paragraph 5 – subparagraph: 4
-1e. In Article 1(5), the fourth subparagraph is replaced by the following: "When carrying out its tasks, the Authority shall act independently, objectively and in a non discriminatory way in the interest of the Union as a whole and preserving the single market in financial services. While performing its duties the EBA, and all members of the Supervisory Board and any panel, shall not directly or indirectly discriminate against any Member State or group of Member States as a venue for financial services whether by reference to their currency or otherwise."
Amendment 170 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 g (new)
Article 1 – paragraph 1 – point -1 g (new)
Regulation EU No 1093/2010
Article 2 – paragraph 2 – point (f) a (new)
Article 2 – paragraph 2 – point (f) a (new)
-1g. In Article 2(2) the following point shall be added after point f: "(fa) the European Central Bank as a competent authority for prudential supervision."
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 i (new)
Article 1 – paragraph 1 – point -1 i (new)
Regulation (EU) No 1093/2010
Article 3
Article 3
-1i. Article 3 is replaced by the following: "Accountability of the Authorities The Authorities comprising the ESFS referred to in Article 2(2) [...] shall be accountable to the European Parliament and the Council. For the competent or supervisory authorities referred to in Article 2(2)(f), the first paragraph shall apply without prejudice to their accountability to national parliaments. For the European Central Bank, this shall apply without prejudice to Article 130 TFEU and only for matters related to the tasks conferred upon it by Regulation (EU) No.../...[conferring specific tasks on the ECB]. The European Central Bank shall also be accountable on matters of prudential supervision to national authorities where it has taken or enforced action that would have led to such a right if the action had been instigated by the national competent authority. This accountability may be removed when there are common backstops available to all participating members in the SSM."
Amendment 175 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 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 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. In all matters regarding tasks conferred upon it by Council Regulation (EU) No.../... and any other Union Act regarding those tasks and prudential supervision, the ECB shall not be granted additional powers beyond the role of competent authority for prudential supervision and shall be equivalent to competent authorities outside the SSM."
Amendment 184 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 h (new)
Article 1 – paragraph 1 – point 1 h (new)
Regulation EU No 1093/2010
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
1h. In Article 9(5), the first subparagraph is replaced by the following: "5. The Authority may [...] prohibit or restrict certain financial activities not falling in the remit of ESMA that threaten the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Union in the cases specified and under the conditions laid down in the legislative acts referred to in Article 1(2) or, if so required, in the case of an emergency situation in accordance with and under the conditions laid down in Article 18."
Amendment 194 #
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 ECBcompetent authority shall comply with it or shall provide within 48 hours at the latest adequate justification to the Authority for its non-compliance. The ECB shall establish whether it will enforce decisions following non- compliance. This shall be a blanket decision to cover all competent authorities."
Amendment 195 #
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 (new)
Article 18 – paragraph 3a (new)
"3a. Where the Authority requests the ECB as competent authority to take the necessary action in accordance with paragraph 3, the ECB concerning tasks other than those conferred upon it by Regulation (EU) No .../... [conferring specific tasks on the ECB] , the European Central Bank shall comply with it or shall provide within 48 hours at the latest adequate public justification to the Authority for its non- compliance."
Amendment 196 #
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 ECBcompetent authority shall comply with it or shall provide within 48 hours at the latest adequate justification to the Authority for its non-compliance."
Amendment 197 #
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 necessaryspecific action or to refrain from action in accordance with paragraph 3, the ECBcompetent authority shall comply with it or shall provide within 48 hours at the latestwithin ten working days of the receipt of the request provide adequate justification to the Authority for its non-compliance."
Amendment 201 #
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 ECBcompetent authority 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-compliance."
Amendment 212 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1093/2010
Article 35 – paragraph 3
Article 35 – paragraph 3
"3. Upon a duly justified request from a competent authority, the Authority may shall provide any information that is necessary to enable the competent authority to carry out its duties, in accordance with the professional secrecy obligations laid down in sectoral legislation and in Article 70."
Amendment 213 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1093/2010
Article 35 – paragraph 3
Article 35 – paragraph 3
"3. Upon a duly justified request from a competent authority, the Authority mayshall provide any information that is necessary to enable the competent authority to carry out its duties, in accordance with the professional secrecy obligations laid down in sectoral legislation and in Article 70."
Amendment 219 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
"For the purposes of Article 17 and 19, the Board of Supervisors shall establish an independent panel consisting of the Chairperson and two members appointed by the Board of Supervisors among its voting members. At least one member of the independent panel shall be from a Member State which is noteither a participating Member State in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation] nor has entered into close cooperation with the ECB in accordance with that Regulation."
Amendment 222 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
"For the purposes of Article 17 and 19, the Board of Supervisors shall establish an independent panel consisting of the Chairperson and twofour members appointed by the Board of Supervisors among its voting members. At least onetwo members of the independent panel shall be from a Member State which is not a participating Member State in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation]currency is not the euro, at least one of which shall be from a Member State not exercising close cooperation with the SSM either."
Amendment 226 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 1093/2010
Article 41 – paragraph 4
Article 41 – paragraph 4
"4. The Board of Supervisors shall adopt rules of procedure for the panel referred to in paragraph 2, including rules implementing the requirement set out in the second subparagraph of that paragraphBy way of derogation from paragraph 2, from the date when the euro is not the currency of only two Member States, the independent panel shall consist of a Chairperson and two members appointed by the Board of Supervisors, among its voting members. At least one member of such an independent panel shall be from a Member State in which currency is not the euro."
Amendment 229 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1093/2010
Article 42
Article 42
Amendment 230 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1093/2010
Article 42
Article 42
Amendment 236 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
"1. Decisions of the Board of Supervisors shall be taken by a simple majority of its memberin two separate votings, one of which takes place in the group of the Members States with common euro currency and the second in the group of remaining Member States. Each member shall have one vote."
Amendment 238 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
"With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions, however the decisions to be passed shall be supported in parallel by at least simple majority of weighted votes in the group consisting of participating Member State in accordance with Regulation (EU) No .../...[127(6) TFEU Council Regulation] and those which have entered into close cooperation with the ECB in accordance with that Regulation, as well as in the group consisting of non-participating Members States."
Amendment 241 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
"With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions, however the decisions to be passed shall be supported in parallel by at least simple majority of weighted votes in the group Member States with common euro currency, as well as in the group of remaining Member States."
Amendment 243 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 3
Article 44 – paragraph 1 – subparagraph 3
"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 votes from members of participating Member States and three votes from members of Member States which are neitheradopted by a simple majority however the decisions to be passed shall be supported in parallel by at least simple majority in the group consisting of participating Member States in accordance with Regulation (EU) No …/….../...[127(6) TFEU Council Regulation] norand those which haves entered into close cooperation with the ECB in accordance with that Regulation, as well as in the group consisting of non-participating Members States."
Amendment 246 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 3
Article 44 – paragraph 1 – subparagraph 3
"With regard to decisions in accordance with Articles 17, 19, and 19a, the decision proposed by the panel shall be considered as adopted uonless it is rejected by a simple majority which shall include at least three votes from members of participating Member Sy if accepted by the Board of Supervisors at a simple majority in two separate votings, one of which tatkes and three votes from members ofplace in the group of the Members 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 Regulationith common euro currency and the second in the group of remaining Member States. Each member shall have one vote."
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 –paragraph 1 – subparagraph 4
Article 44 –paragraph 1 – subparagraph 4
"By way of derogation from the third subparagraph, from the date when four or less Member States 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 Regulationthe euro is not the currency in only four Member States, the decision proposed by the panel shall be considered as adopted uonless it is rejected byy if accepted by the Board of Supervisors at a simple majority which shall include at least one vote from members of those Member States. Each member shall have one vote."
Amendment 252 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5
Article 44 –paragraph 1 – subparagraph 5
"By way of derogation from the third subparagraph, from the date when the euro is not the currency in three or less Member States, the decision proposed by the panel shall be considered as adopted, only if accepted by the Board of Supervisors at a qualified majority of five- sixths of its members. Each member shall have one vote."
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5 a (new)
Article 44 –paragraph 1 – subparagraph 5 a (new)
"The independent panel, mentioned in Article 41, with regard to decisions in accordance with Articles 17, 19, and 19a takes the decision at a qualified majority of four-fifths of its members. From the date when the euro is not the currency in only two Member States, the independent panel takes decisions by simple majority."
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 6 a (new)
Article 44 – paragraph 1 – subparagraph 6 a (new)
"In cases when: (a) all and only Competent Authorities from participating Member States form the relevant majority for the purposes of subparagraphs 1 and 2; or (b) there are no competent authorities from a non participating Member State within the relevant majority for the purposes of subparagraphs 1 and 2, the decision shall act as a guideline in accordance with Article 16 of this Regulation. This shall not apply to decisions to refer matters to the Commission or the Council. The EBA may refer matters arising as a result of this provision and relating to compliance with Union Law to the Commission. Competent authorities from non participating Member States may request for the any decision to be suspended and taken by an independent panel."
Amendment 261 #
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 include at least twohree representatives from Member States which are not participating 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 264 #
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 include at least twohree representatives from Member States in which are not participating Member States in accordance with Regulation [127(6) TFEU Council Regulation] nor havecurrency is not the euro, at least two of which come from the Member States, which did not entered into close cooperation with the ECB in accordance with that RegulationSSM either. Mandates shall be overlapping and an appropriate rotating arrangement shall apply."
Amendment 265 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Regulation (EU) No 1093/2010
Article 53 a (new)
Article 53 a (new)
8a. The following Article is inserted after Article 53: "Article 53a The Chair and Executive Director shall make public meetings held, hospitality received and record publicly all expenses claims over 250 EUR."
Amendment 266 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Regulation (EU) No 1093/2010
Article 58 – paragraph 3
Article 58 – paragraph 3
8 b. Article 58(3) is replaced by the following: "3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list proposed by the Commission, following a public call for expressions of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors. At least one member and his alternate should come from a Member State which currency is not the euro, nor has entered into close cooperation with the ECB in accordance with that Regulation. The other members shall be appointed in accordance with Regulation (EU) No 1094/2010 and Regulation (EU) No 1095/2010."
Amendment 267 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 c (new)
Article 1 – paragraph 1 – point 8 c (new)
Regulation (EU) No 1093/2010
Article 58 – paragraph 3
Article 58 – paragraph 3
8 c. Article 58(3) is replaced by the following: "3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list proposed by the Commission, following a public call for expressions of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors. At least one member and his alternate shall be a representative from a Member State which is not a participating Member State in accordance with Regulation (EU) No.../... [127(6) TFEU Council Regulation] nor has entered into close cooperation with the ECB in accordance with that Regulation. The other members shall be appointed in accordance with Regulation (EU) No 1094/2010 and Regulation (EU) No 1095/2010."
Amendment 270 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 f (new)
Article 1 – paragraph 1 – point 8 f (new)
Regulation (EU) No 1093/2010
Article 81 a (new)
Article 81 a (new)
8f. The following Article is inserted after Article 81: "Article 81a Review of Voting Arrangements When the number of Member States not participating in the SSM reduces to four, the Commission shall review and report on the voting arrangements in this Regulation. The report and any accompanying proposals, as appropriate, shall be forwarded to the European Parliament and to the Council."
Amendment 271 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 g (new)
Article 1 – paragraph 1 – point 8 g (new)
Regulation (EU) No 1093/2010
Article 81 b (new)
Article 81 b (new)
8g. The following Article is inserted after Article 81: "Article 81b Review of the impact of the SSM on branches and subsidiaries The EBA shall closely monitor the impact of the SSM on bank branches and subsidiaries and report to the Parliament, Council and Commission on any pattern of changes. Competent authorities shall also be provided with the report."
Amendment 273 #
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 31 JanuaryDecember 20163, the Commission shall publish a report on the application of the provisions of this Regulation in relation to:
Amendment 281 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
The report shall be forwarded to the European Parliament and to the Council. The Commission shall make accompanying proposals to the report to establish by 1 January 2016 a single European Supervisory Authority built on the European System for Financial Supervision and competent for all aspects of prudential supervision in the Union.