22 Amendments of Danuta Maria HÜBNER related to 2012/0242(CNS)
Amendment 89 #
Proposal for a regulation
Recital 4
Recital 4
(4) Competence for supervision of individual banks in the Union remains mostly at national level. This limits the effectiveness of supervision and the ability of supervisors to reach a common understanding of the soundness of the banking sector throughout the UnionCoordination between supervisors is vital but the crisis has shown that mere coordination is not enough, in particular in the context of a single currency. In order to preserve and increase the positive effects of market integration on growth and welfare, integration of supervisory responsibilities should therefore be enhanced.
Amendment 128 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Temporary currency-swap agreements between the national central banks of non-euro area member states and the ECB could be offered to those member states opting-in to the single supervisor. This would contribute towards a better balance between rights and responsibilities.
Amendment 213 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 264 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 291 #
Proposal for a regulation
Recital 29
Recital 29
(29) As regards the supervision of cross- border banks active both inside and outside the Euro area the ECB should cooperate closely with the competent authorities of non participating Member States. As a competent authority the ECB should be subject to the related obligations to cooperate and exchange information under Union law and should participate fully in the colleges of supervisors. In addition, since the exercise of supervisory tasks by a European institution brings about clear benefits in terms of financial stability and sustainable market integration, Member States not participating in the common currency should therefore also have the possibility to participate in the new mechanism. However, it is a necessary pre- condition for an effective exercise of supervisory tasks, that supervisory decisions are implemented fully and without delay. Member States wishing to participate in the new mechanism should therefore undertake to ensure that their national competent authorities will abide by and adopt any measure in relation to credit institutions requested by the ECB. The ECB should be able to establish a close cooperation with the competent authorities of a Member State not participating in the common currency. It should be obliged to establish the cooperation where the conditions set out in this regulation are met. The conditions under which representatives of the competent authorities of the Member States which established a close co-operation take part to the activities of the Supervisory Board should allow the greatest possible involvement of those represenensure equal treatment of all participating Member Statives taking into account the limits following from the Statute of ESCB and of the ECB, in particular as regards the integrity of its decision making process.
Amendment 318 #
Proposal for a regulation
Recital 34
Recital 34
(34) The conferral of supervisory tasks implies a significant responsibility for the ECB to safeguard financial stability in the Union, and to use its supervisory powers in the most effective and proportionate way. The ECB should therefore be accountable for the exercise of these tasks towards the European Parliament and the Council of Ministers respectively the Eurogroup as democratically legitimised institutions representing the European people and the Member States. That should include regular reporting and responding to questions. Where national supervisors take action under this Regulation, accountability arrangements provided under national law should continue to apply.
Amendment 342 #
Proposal for a regulation
Recital 36
Recital 36
(36) In particular, a supervisory board responsible for preparing decisions on supervisory matters should be set up with the ECB encompassing the specific expertise of national supervisors. The board should therefore be chaired by a Chair and a Vice-Chair elected by the ECB Governing Councilsupervisory board and composed, in addition, of representatives from the ECB and from national authorities. There should be a 50-50 gender balance on the supervisory board, including for the roles of Chair and Vice Chair. The Chair and Vice-Chair should only be appointed following confirmation by the European Parliament. In order to allow for an appropriate rotation while ensuring the full independence of the Chair and the Vice- Chair, their term should not exceed five years and should not be renewable. In order to ensure full coordination with the activities of the EBA and with the prudential policies of the Union, the EBA and the European Commission should be observers in the supervisory board. The performance of the supervisory tasks conferred upon the ECB requires the adoption of a large number of technically complex acts and decisions, including decisions on individual credit institutions. In order to effectively carry out those tasks in accordance with the principle of separation from tasks relating to monetary policy, the ECB Governing Council of the ECB should be able to delegate certain clearly defined supervisory tasks and related decisions to the supervisory board, subject to the oversight and responsibility of the Governing Council, which can give instructions and directions to that body. The supervisory board may be supported by a steering committee with a more limited composition.
Amendment 373 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) The ECB should operate in a framework of openness, transparency and non-discrimination towards all Member States which do not use the single currency and with a duty of care towards the single market.
Amendment 374 #
Proposal for a regulation
Recital 41 b (new)
Recital 41 b (new)
(41b) The ECB should enter into memorandums of understanding with the supervisors of Member States not participating in the supervisory mechanism. Where a Member State has a systemic interest with regard to branches or subsidiaries, the competent authority of those Member State should be present as an observer in the supervisory board.
Amendment 406 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation confers on the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions, with a view to promoting the safety and soundness of credit institutions and the stability of the financial system within the EU and each Member State, with due regard for the unity and integrity of the internal market.
Amendment 473 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 495 #
Proposal for a regulation
Article 4 – paragraph 1 – point k
Article 4 – paragraph 1 – point k
(k) To carry out supervisory tasks in relation to early intervention where a credit institution does not meet or is likely to breach the applicable prudential requirements, including recovery plans and intra group financial support arrangements, in coordination with the relevant resolution authorities;.
Amendment 503 #
Proposal for a regulation
Article 4 – paragraph 1 – point l
Article 4 – paragraph 1 – point l
Amendment 524 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Subject to and in compliance with any relevant Union law rule and in particular any legislative and non-legislative act including technical standards developed by EBA and adopted by the Commission, the ECB may adopt regulations and recommendations and take decisions to implement or apply Union law, to the extent necessary to carry out the tasks conferred upon it by this Regulation, and only where those Union acts do not deal with certain aspects necessary for the proper exercise of the ECB's tasks or do not deal with them in sufficient detail. Before adopting a regulation, the ECB shall conduct open public consultations, including the EBA and the Commission, and analyse the potential related costs and benefits.
Amendment 587 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. National competent authorities shall follow the instructions given by the ECB for the purposes of the tasks mentioned in Article 4(1). Instructions given by the ECB shall not interfere with the exercise of voting rights by competent authorities of participating Member States within the Board of Supervisors and the Management Board of the European Banking Authority.
Amendment 637 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 651 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. The Member State that has established a close cooperation with the ECB may request the ECB to terminate the close cooperation at any time. In this case, the ECB shall immediately proceed to adopt a decision terminating the close cooperation.
Amendment 658 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Memoranda of Understanding 1.The ECB and the national competent authority of each non-participating Member State shall prepare and maintain a memorandum of understanding describing in general terms how they will cooperate with one another in the performance of their supervisory tasks under Union law in relation to: (a) credit institutions; (b) financial holding companies; (c) mixed financial holding companies; (d) financial conglomerates. 2. The memorandum must, in particular, make provision about the following matters when performing their tasks in relation to credit institutions or banking groups in relation to which both the ECB and the national competent authority perform supervisory tasks: (a) the need for each party to have regard to the tasks of the other; (b) the arrangements for obtaining and disclosing information; (c) the co-ordination by the parties of the exercise of their powers in relation to: (i) the use of early intervention powers; (ii) investigations; (iii) disciplinary measures. (d) where there is a systemic interest the modalities for observer status of non- participating Member States on the ECB supervisory board 3. The ECB and the national competent authority shall each publish on their websites a copy of the memorandum as and when they are revised and re-issued.
Amendment 811 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The planning and execution of the tasks conferred upon the ECB, shall be undertaken by an internal body composed of four representatives of the ECB appointed by the Executive Board of the ECB and one representative of the national authority competent for the supervision of credit institutions in each participating Member State (hereinafter ‘supervisory board’). The supervisory board shall be required to have a 50-50 gender balance including for the roles of Chair and Vice- Chair.
Amendment 841 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. There shall be a clear division of competences between the supervisory board and the governing council of the ECB.
Amendment 858 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Chair of the European Banking Authority and a member of the European Commission may participate as observers in the meetings of the supervisory board. The same right shall be ensured for non- participating Member States, when the supervisory board takes decisions relating to credit institutions operating within jurisdictions of the Member States concerned, or when the supervisory board takes decisions on broader matters of policy, such as structure or decision- making process of the Single Supervisory Mechanism.
Amendment 863 #
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Governing Council shall adopt the rules of procedure of the supervisory board includingand shall make them public. They shall ensure equal treatment of all participating Member States, including voting rights. They shall also include rules on the term of office of the Chair and the Vice-Chair. The term of off, whiceh shall not exceed five years and shall not be renewable.