17 Amendments of Danuta Maria HÜBNER related to 2013/0253(COD)
Amendment 97 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Since the SSM will have a narrower scope than the SRM, it may be the case that a bank is supervised locally but resolved centrally. Coordination problems may thus arise and the SRM regulation should make provisions for addressing these problems.
Amendment 99 #
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) The SSM allows for the possibility of a non-euro area opt-in member state to terminate its close cooperation with the SSM. Thus a situation may arise in which a member state decides to leave the SSM but has on its territory an institution benefitting from resolution financing from the SRM fund. The SRM regulation should set out the provisions for addressing such a situation.
Amendment 133 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The Commission and the Board and the resolution authorities and competent authorities of Member States that are not participating Member States should conclude a memorandum of understanding describing in general terms how they will cooperate with one another in the performance of their tasks under the [BRRD]. The memorandum of understanding could, inter alia, clarify the consultation relating to decisions of the Commission and the Board having effect on subsidiaries or branches established in the non-participating Member State whose parent undertaking is established in a participating Member State. The memorandum should be reviewed on a regular basis.
Amendment 208 #
Proposal for a regulation
Recital 59 a (new)
Recital 59 a (new)
(59a) If national bank levies are in place in a participating member state, the situation may arise in which a bank is required to contribute both to the national bank levy as well as to the SRM fund. This situation should be addressed such that financial institutions do not end up making a double contribution.
Amendment 279 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. No action, proposal or policy of the Board, the Commission or a national resolution authority shall discriminate against entities referred to in Article 2 or entities established in non-participating Member States, deposit holders, investors or other creditors established in the Union on grounds of their nationality or place of business.
Amendment 298 #
Proposal for a regulation
Article 6 – paragraph 2 – point e (a) (new)
Article 6 – paragraph 2 – point e (a) (new)
(ea) the interest of the internal market as a whole
Amendment 314 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. No action, proposal, decision or policy of the Commission, the Board or a national resolution authority under this Regulation shall, directly or indirectly, discriminate against any Member State or group of Member States as a venue for the provision of banking or financial services, deposit holders, investors or other creditors established in the Union on grounds of their nationality or place of business.
Amendment 316 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Performance of tasks by the Commission 1. When carrying out the tasks conferred on it by Article 16 of this Regulation, the Commission shall act independently and strictly in accordance the objectives and principles set out in this Regulation. 2. The Commission shall carry out the tasks conferred on it by Article 16 of this Regulation without prejudice to and separately from its other tasks. 3. The Commission staff involved in supporting the Commission in the performance of the tasks conferred on it by Article 16 of this Regulation shall be organisationally separated from, and subject to, separate reporting lines from the staff involved in other tasks of the Commission. 4. With a view to ensuring separation between the performance of the tasks conferred on the Commission by Article 16 of this Regulation and other tasks of the Commission, the Commission shall ensure that operation of the College of Commissioners is completely differentiated as regards the performance of these and other of its tasks. Such differentiation shall include strictly separated meetings and agendas. 5. For the purposes of paragraphs 1 to 4 the Commission shall adopt and make public any necessary internal rules, including rules regarding professional secrecy and information exchange. 6. The Commissioner overseeing resolution functions shall not have any vote in the College of Commissioners on issues relating to competition policy enforcement and State aid issues.
Amendment 318 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Board shall review the national resolution plans drawn up resolution plansby national resolution authorities in conformity with the BRR directive for the entities referred to in Article 2 and for groups.
Amendment 356 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The Board shall draw up the resolution plans in cooperation with the supervisor or consolidating supervisor and, with the national resolution authorities of the participating Member States in which the entities are established and with the national authorities of non-participating member states where subsidiaries are established.
Amendment 546 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
Amendment 726 #
Proposal for a regulation
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. The Commission and the Board and the resolution authorities and competent authorities of the non-participating Member States shall conclude a memorandum of understanding describing in general terms how they will cooperate with one another in the performance of their tasks under the [BRRD]. The memorandum shall be reviewed on a regular basis. Without prejudice to the first subparagraph the Commission and the Board shall conclude a memorandum of understanding with the resolution authority and the competent authority of each non-participating Member State that is home to at least one global systemically important institution, as defined in Union law. Each memorandum shall be reviewed on a regular basis and shall be published subject to appropriate treatment of confidential information.
Amendment 851 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. When deliberating on a cross-border group, the Board shall take its decisions in its executive sessions by a simple majority of its participating members. The members of the Board referred to in Article 40(2) and the member appointed by the Member State in which the group level resolution authority is situated shall each have one vote. The other participating members shall each have a voting right equal to a fraction of onetwo votes and the number of national resolution authorities of the Member States in which a subsidiary or entity covered by consolidated supervision is established, provided the cross-border resolution decision concerns at least two participating States in which a subsidiary or entity covered by consolidated supervision is established. If only one Member State with a subsidiary or entity covered by consolidated supervision is concerned by the cross-border resolution decision, then the resolution authority of the Member State in question shall have one vote only. In case of a tie the Executive Director shall have a casting vote.
Amendment 859 #
Proposal for a regulation
Article 51 – paragraph 4 – subparagraph 2
Article 51 – paragraph 4 – subparagraph 2
Meetings of the Board in its executive session shall be convened by the Executive Director on his own initiative or upon request of twoat least one members, and shall be chaired by the Executive Director. The Board may invite observers to attend its executive sessions on an ad hoc basis.
Amendment 949 #
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. The available financial means to be taken into account in order to reach the target funding level specified in Article 65 may include payment commitments which are fully backed by collateral of low risk assets unencumbered by any third party rights, at the free disposal and earmarked for the exclusive use by the Board for the purposes specified in Article 71(1). Assets eligible for back payment commitments are those accepted as collateral by the central banks of Member States. The share of these irrevocable payment commitments shall not exceed 350% of the total amount of contributions raised in accordance with paragraph 1.
Amendment 957 #
Proposal for a regulation
Article 66 – paragraph 3 – point b
Article 66 – paragraph 3 – point b
Amendment 979 #
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
3. The Board shall invest the amounts held in the Fund in obligations of the participating Member Statesas well as the non- participating Member States, which host branches or subsidiaries of Member States participating in the SRM, or intergovernmental organisations, or in highly liquid assets of high credit worthiness. Investments should be sufficiently geographically diversified. The return on those investments shall benefit the Fund.