32 Amendments of Danuta Maria HÜBNER related to 2012/0150(COD)
Amendment 501 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
In the absence of a joint decision between the competent authorities within four months, the consolidating supervisor shall make its own decision on the review and assessment of the group recovery plan or on the measures required in accordance with Article 6(4). The decision shall be seon the review and assessment of the group recovery plan or on the measures required in accordance with Article 6(4) between the competent authorities within four months, the consolidating supervisor may consult EBA at the request of any of the other competent authorities or on its own initiative. In this case EBA may carry out non-binding mediation in accordance with Article 31(c) of Regulation (EU) No 1093/2010. In such case, all competent oaut in a document containing the fully reasoned decision and should take into account the viewhorities involved shall defer their decisions pending the conclusions of the non-binding mediation. If as and reservations of the oult of the mediation process no agreement has been reached by ther competent authorities expressed during the four-month period. The consolidating supervisor shall notify the decision to the parent undertaking of the institution subject to consolidated supervision and to the other competent authoritiwithin 1 month, each competent authority responsible for supervision on an individual basis may take its own decisions with respect to institutions in their jurisdiction. Where an authority makes such a decision, it must consider the impact of that action on financial stability in other Member States.
Amendment 506 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
Amendment 510 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 514 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 517 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 599 #
Proposal for a directive
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
In the absence of such a joint decision between the resolution authorities within four months, the group level resolution authority shall make its own decision. The decision shall be set out in a documenmay consult the EBA at the request of any resolution authority concerned or on its own initiative. In this case EBA may carry out cnonta-binding the fully reasoned decisions and shall take into account the views and reservations of the other competent authorities expressed during the four- month period. The group level resolution authority shall provide the decision to the parent undertakings or institution which is subject to consolidated supervision and to other resolution authoritimediation in accordance with Article 31(c) of Regulation (EU) No 1093/2010. In such case, all authorities involved shall defer their decisions pending the conclusions of the non-binding mediation. If as a result of the mediation process no agreement has been reached by the resolution authorities within 1 month, each resolution authority may make its own decisions with respect to institutions in their jurisdiction. Where a resolution authority makes such a decision, it must consider the impact of that action on financial stability in other Member States.
Amendment 603 #
Proposal for a directive
Article 12 – paragraph 4 – subparagraph 3
Article 12 – paragraph 4 – subparagraph 3
Amendment 609 #
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 613 #
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 617 #
Proposal for a directive
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 697 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The group level resolution authority, intogether with coomperation with the consolidating supervisor andtent authorities and the EBA in accordance with Article 25(1) of Regulation (EU) No 1093/2010, shall prepare and submit a report to the parent undertakings or institution subject to consolidated supervision and to the resolution authorities of the subsidiaries. The report shall be prepared in consultation with the competent authorities, and shall analyse the substantive impediments to the effective application of the resolution tools and the exercising of the resolution powers in relation to the group. The report shall also recommend any measures that, in the authorities' view, are necessary or appropriate to remove those impediments.
Amendment 706 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Amendment 710 #
Proposal for a directive
Article 15 – paragraph 6 – subparagraph 1
Article 15 – paragraph 6 – subparagraph 1
In the absence of a joint decision within four months from the date of submission of the report referred to in paragraphs 1 or 2, the group level resolution authority shall make its own decision on the appropriate measures to be taken in accordance with Article 14(3) in relation to the group as a whole. may consult EBA at the request of any authority concerned or on its own initiative. In this case EBA shall carry out non-binding mediation in accordance with Article 31(c) of Regulation (EU) No 1093/2010. In such case, all the authorities involved shall defer their decisions pending the conclusions of the non-binding mediation. If as a result of the mediation process no agreement has been reached by the competent authorities within 1 month, each authority may take its own decisions with respect to institutions in their jurisdiction. Where an authority makes such a decision, it must consider the impact of that action on financial stability in other Member States.
Amendment 714 #
Proposal for a directive
Article 15 – paragraph 6 – subparagraph 2
Article 15 – paragraph 6 – subparagraph 2
Amendment 719 #
Proposal for a directive
Article 15 – paragraph 6 – subparagraph 3
Article 15 – paragraph 6 – subparagraph 3
Amendment 725 #
Proposal for a directive
Article 15 – paragraph 6 – subparagraph 4
Article 15 – paragraph 6 – subparagraph 4
Amendment 750 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 752 #
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 1 a (new)
Article 17 – paragraph 4 – subparagraph 1 a (new)
After reaching a joint decision by all interested competent authorities, the consolidating supervisor shall grant the authorisation if the terms of the proposed agreement are consistent with the conditions for financial support set out in Article 19.
Amendment 754 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. In the absence of a joint decision between the competent authorities within four months, the consolidating supervisor shall make its own decision on the application. The decision shall be set out in a document containing the full reasoning and shall take into account the views and reservations of the omay refer the matter to EBA in accordance with Article 31 (c) of Regulation (EU) No 1093/2010. If as a result of the mediation process no agreement has been reached by ther competent authorities expressed during the four-month period. The consolidating supervisor shall notify the decision to the applicant and the other competent, the proposed agreement shall not be authoritiessed.
Amendment 758 #
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 792 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 865 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where the conditions for the imposition of requirements under Article 23 of this Directive or the appointment of a special manager in accordance with Article 24 of this Directive are met in relation to a parent undertaking or an institution subject to consolidated supervision pursuant to Articles 125 and 126 of Directive 2006/48/EC or any of its subsidiaries, the competent authority that intends to take a measure in accordance with those Articles shall notify other relevant competent authorities within the supervisory college and EBA of its intention.
Amendment 871 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. EBA may on its own initiative assist the competent authorities in reaching an agreement in accordance with Article 1931 (c) of Regulation (EU) No 1093/2010.
Amendment 876 #
Proposal for a directive
Article 25 – paragraph 5 – subparagraph 2
Article 25 – paragraph 5 – subparagraph 2
Amendment 878 #
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
Amendment 1389 #
Proposal for a directive
Article 83 – paragraph 2
Article 83 – paragraph 2
2. On receiving a notification under paragraph 1, the group level resolution authority, in consultation with and the other members of the relevant resolution college, shall assess the likely impact of the failure of the institution in question, or the resolution action or other measures notified in accordance with point (b) of paragraph 1, on the group or on affiliated institutions in other Member States.
Amendment 1391 #
Proposal for a directive
Article 83 – paragraph 3
Article 83 – paragraph 3
3. If the group level resolution authority, after consultation withnd the other resolution authorities in accordance with paragraph 2, assesses that the failure of the institution in question, or the resolution action or other measures notified in accordance with point (b) of paragraph 1, would not have a detrimental impact on the group or on affiliated institutions in other Member States, the resolution authority responsible for that institution may take the resolution action or other measures that it notified in accordance in accordance with point (b) of paragraph 1.
Amendment 1393 #
Proposal for a directive
Article 83 – paragraph 4
Article 83 – paragraph 4
4. If the group level resolution authority, after consultation withnd the other resolution authorities in accordance with paragraph 2, assesses that the failure of the institution in question, or the resolution action or other measures notified in accordance with point (b) of paragraph 1, would have a detrimental impact on the group or on affiliated institutions in other Member States, the group level resolution authority shall, no later than 24 hours after receiving the notification under paragraph 1, propose a group resolution scheme and submit it to the resolution college.
Amendment 1398 #
Proposal for a directive
Article 83 – paragraph 5 – point c
Article 83 – paragraph 5 – point c
(c) establish a financing plan. The financing plan shall take into account the group resolution plan and the principles for sharing responsibility as established in accordance with point (e) of Article 11(3).
Amendment 1402 #
Proposal for a directive
Article 83 – paragraph 6
Article 83 – paragraph 6
6. If any member of the resolution college disagrees with the group resolution scheme proposed by the group level resolution authority and considers that it needs tomay take independent resolution actions or measures other than those proposed in the scheme in relation to an institution or group entity for reasons of financial stability, it may refer within 24 hours the matter to EBA in accordance with Article 19 of Regulation (EU) No 1093/2010established in its jurisdiction for reasons of financial, economic and social stability. It should notify the resolution college and all members of any planned action beyond what is outlined in the group resolution scheme, in accordance with Article 83(11).
Amendment 1405 #
Proposal for a directive
Article 83 – paragraph 7
Article 83 – paragraph 7
7. By way of derogation from Article 19 (2) of Regulation (EU) No 1093/2010, EBA shall take a decision within 24 hours. The subsequent action or measure of the resolution authority shall be in conformity with the decision of EBAThe resolution authority shall notify the resolution college of any independent action or measures taken in accordance with paragraph 6, give reasons for its decision and where feasible within the time constraints, discuss those reasons with other members of the college before taking the independent action or measure.
Amendment 1407 #
Proposal for a directive
Article 83 – paragraph 8
Article 83 – paragraph 8
8. Where a group level resolution authority decides, or is notified pursuant to Article 74(3), that a Union parent undertaking for which it is responsible is failing or likely to fail, it shall notify the information referred to in points (a) and (b) of paragraph 1 of this article to resolution authorities that are members of the resolution college of the group in question. The resolution actions for the purposes of point (b) of paragraph 1 of this Article may include a group resolution scheme drawn up and agreed in accordance with paragraph 5 and 6 of this Article.