21 Amendments of Robert GOEBBELS related to 2013/0253(COD)
Amendment 291 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the interests of the participating Member States where a group operates and in particular the impact of any decision or action or inaction on the financial stability, the economy, including the level of employment, the deposit guarantee scheme or the investor compensation scheme of any of those Member States;
Amendment 369 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. When drafting a resolution plan for entities referred to in Article 2, the Board shall assess the extent to which such an entity is resolvable in accordance with this Regulation. An entity shall be deemed resolvable if it is feasible and credible for the resolution authority to either liquidate it under normal insolvency proceedings or to resolve it by applying to it the different resolution tools and powers without giving rise to significant adverse consequences for financial systems, including circumstances of broader financial instability or system wide events, of the Member State in which the entity is situated, having regard to the financial, economic and social stability in the same or other Member States, or the Union and with a view to ensuring the continuity of critical functions carried out by the entity.
Amendment 372 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. When drafting resolution plans for groups, the Board shall assess the extent to which groups are resolvable in accordance with this Regulation. A group shall be deemed resolvable if it is feasible and credible for the resolution authorities to either wind up group entities under normal insolvency proceedings or to resolve group entities by applying resolution tools and powers to group entities without giving rise to significant adverse consequences for the financial systems, including circumstances of broader financial instability or system wide events, of the Member States in which entities belonging to a group are situated, having regard to the financial, economic and social stability in these Member States or other Member States or the Union and with a view to ensuring the continuity of critical functions carried out by those entities, either because they can be easily separated in a timely manner or by other means.
Amendment 418 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) to avoid significant adverse effects on financial, economic and social stability, including to prevent contagion, and maintain market discipline;
Amendment 456 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where an institution is an entity belonging to a group, the Commission, where applicable, and the Board shall apply resolution tools and exercise resolution powers in a way that minimises the impact on other entities belonging to the group and on the group as a whole and minimises the adverse effect on financial, economic and social stability in the Union and particularly in Member States where the group operates.
Amendment 553 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Having regard to the urgency of the circumstances in the case, the Commission shall decide, on its own initiative or taking into account, if any, the communication referred to in paragraph 1 or the recommendation of the Board referred to in paragraph 5The Commission shall decide pursuant to the recommendation by the Board referred to in paragraph 5, and after consultation of the ECB and the national competent authorities, whether or not to place the entity under resolution, and on the framework of the resolution tools that shall be applied in respect of the entity concerned and of the use of the Fund to support the resolution action. The Commission, on its own initiative, may decide to place an entity under resolution if all the conditions referred to in paragraph 2 are met.
Amendment 559 #
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
7. The decision of the Commission shall be addressed to the Board. IfWhere the Commission, after consultation of the ECB and national competent authorities, intends to decides not to place the entity under resolution, because the condition laid down in paragraph 2(c) is not met, it shall consult with the national resolution authority of the participating Member State where the entity is established. In cases where the national resolution authority considers that the Commission's draft decision and the potential subsequent winding up in accordance with national law, would have material negative impacts on the financial stability, the economy or the social system, it shall duly notify its objections to the Commission explaining in detail the prejudice that the decision could cause. The national resolution authority shall suggest alternative solutions. The Commission shall give due consideration to the arguments and alternative solutions brought forward by the national resolution authority. If the Commission determines in a reasoned decision that the entity is not to be placed under resolution, the entity concerned shall be wound up in accordance with national insolvency law.
Amendment 752 #
Proposal for a regulation
Article 39 – paragraph 1 – point a a (new)
Article 39 – paragraph 1 – point a a (new)
(aa) 4 independent members;
Amendment 753 #
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
Amendment 760 #
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
Amendment 768 #
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
Amendment 820 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Subject to paragraphs 2 and 3, the members of the Board referred to in Article 4039(1)(a) to (dand (aa) shall participate in the executive sessions of the Board.
Amendment 821 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. When deliberating on an entity referred to in Article 2 or a group of entities established only in one participating Member State, the member appointed by that Member State shall also participate in the deliberations and in the decision- making process in accordance with Article 52(1) and (3)s an observer without voting rights.
Amendment 824 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. When deliberating on a cross-border group the member appointed by the Member State in which the group level resolution authority is situated, as well as the members appointed by the Member States in which a subsidiary or entity covered by consolidated supervision is established, shall participate in the deliberations and in the decision-making process in accordance with Article 52(2) and (3)s observers without voting rights.
Amendment 840 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. When deliberating on an individual entity or a group established only in one participating Member State, tThe Board shall take its decisions in its executive sessions by a simple majority of its participavoting members. In case of a tie the Executive Director shall have a casting vote.
Amendment 843 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
Amendment 870 #
Proposal for a regulation
Article 52 – paragraph 8 a (new)
Article 52 – paragraph 8 a (new)
8a. The 4 independent members of the Board shall be appointed by the Council, after hearing the European Parliament, on the basis of merit, skills, knowledge of banking and financial matters, of experience relevant to financial supervision regulation and resolution. When appointing the 4 independent members, the Council and the European Parliament shall ensure an appropriate geographical and gender balance as well as a balanced representation of participating Member states as a whole while taking into account the diversity of the participating Member states. The term of office of the 4 independent members shall be five years. That term shall be renewable once.
Amendment 872 #
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2
Article 53 – paragraph 1 – subparagraph 2
When taking part in the deliberations and decision-making processes within the Board, the Executive Director and the Deputy Executive Director and the 4 independent members shall neither seek nor take instructions from the Union institutions or bodies, but express their own views and vote independently. In those deliberations and decision-making processes the Deputy Executive Director4 independent members shall not be under the authority of the Executive Director.
Amendment 873 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Neither Member States nor any other public or private body shall seek to influence the Executive Director and the Deputy Executive Director and the 4 independent members in the performance of their tasks.
Amendment 874 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. In accordance with the Staff Regulations referred to in Article 78(6), the Executive Director and the Deputy Executive Director and the 4 independent members shall, after leaving service, continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits.
Amendment 881 #
Proposal for a regulation
Article 56 – paragraph 2 a (new)
Article 56 – paragraph 2 a (new)
2a. This Article is without prejudice to the right of the national resolution authorities to levy fees in accordance with national law, in respect of its costs, including costs for cooperating with and assisting the Board and acting on its instructions.