27 Amendments of Danuta Maria HÜBNER related to 2015/0270(COD)
Amendment 153 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure parallelism with the SSM and the SRM, EDIS should apply to participating Member States. Banks established in the Member States not participating in the SSM should not be subject to EDIS. As long as supervision in a Member State remains outside the SSM, that Member State should remain responsible for ensuring the protection of depositors against the consequences of the insolvency of a credit institutionin the event of their deposits becoming unavailable. As Member States join the SSM, they should also automatically become subject to the EDIS. Ultimately, the EDIS could potentially extend to the entire internal market.
Amendment 171 #
Proposal for a regulation
Recital 17
Recital 17
(17) EDIS should progressively evolve from a reinsurance scheme into a fupartially mutualised co-insurance scheme over a number of years. In the context of efforts to deepen the EMU, together with the work on the establishment of bridge-financing arrangements for the Single Resolution Fund (SRF) and on developing a common fiscal backstop, this step is necessary to reduce the bank/sovereign links in individual Member States by means of steps towards risk sharing among all the Member States in the Banking Union, and thereby to reinforce the Banking Union in achieving its key objective. However, such risk sharing implied by steps to reinforce Banking Union must proceed in parallel with risk reducing measures designed to break the bank-sovereign link more directly.
Amendment 179 #
Proposal for a regulation
Recital 18
Recital 18
(18) EDIS should be established in threewo sequential stages, first a reinsurance scheme that covers a share of the liquidity shortfall and of the excess losses of participating DGSs, followed by a co- insurance scheme that covers a gradually increasing share of the liquidity shortfall and losses of participating DGSs and eventually resulting in a full insurance scheme that covers all liquidity needs and losses of participating deposit guarantee schemes.
Amendment 320 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 806/2014
Article 2 – paragraph 2 – subparagraph 1 – point b
Article 2 – paragraph 2 – subparagraph 1 – point b
(b) credit institutions established in the Union and affiliated to participating deposit-guarantee schemes.
Amendment 321 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 806/2014
Article 2 – paragraph 2 – subparagraph 1 – point b a (new)
Article 2 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) branches of third country credit institutions established in the EU for which protection has been assessed as not being equivalent and which have been affiliated to a participating DGS as a result of the procedure outlined in Article 2a.
Amendment 323 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Amendment 326 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Regulation (EU) No 806/2014
Article 3 – paragraph 1 – point 57
Article 3 – paragraph 1 – point 57
(57) 'available financial means of the DIF' means cash, deposits and low-risk assets which can be liquidated within a period not exceeding that referred to in Article 8(1) of the Directive 2014/49/EU. and payment commitments up to the limit set out paragraph 2a of Article 74c;
Amendment 341 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) No 806/2014
Article 38 – paragraph 2 – point c a (new)
Article 38 – paragraph 2 – point c a (new)
9a. in Article 38(2), the following point (ca) is added: ‘(ca) where they intentionally or negligently fail to comply with decisions of the DGS to which they are affiliated, including a failure associated with the invoices on contributions, in accordance with Article 74e.’
Amendment 422 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41e – paragraph 1
Article 41e – paragraph 1
The share of coverage under the second and third paragraph of Article 41d shall increase during the co-insurance period as follows: - in the first year of the co-insurance period it shall be 205%; - in the second year of the co- insurance period it shall 450%; - in the third year of the co-insurance period it shall be 6075%; - in the fourth year of the co- insurance period it shall be 80%.deleted
Amendment 424 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Part IIa – title I – chapter 3
Part IIa – title I – chapter 3
Amendment 488 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41j - paragraph 1
Article 41j - paragraph 1
1. A participating DGS shall only be reinsured, co-insured or fully or co-insured by EDIS during the year following any of the dates set out below, if, by that date, its available financial means raised by contributions referred to in Article 10(1) of Directive 2014/49/EU amount to at least the following percentages of the total amount of covered deposits of all credit institutions affiliated to the participating DGS: - by 3 July 20178: 0.14%; - by 3 July 2018: 0.2103%; - by 3 July 2019: 0.2807%; - by 3 July 2020: 0.2810%; - by 3 July 2021: 0.2613%; - by 3 July 2022: 0.2017 %; - by 3 July 2023: 0.1120 %; - by 3 July 2024: 0%.
Amendment 500 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41j - paragraph 2
Article 41j - paragraph 2
2. The Commission, after consulting the Board, may approve a derogation from the requirements set out in paragraph 1 for duly justified reasons linked to the business cycle in the respective Member State, the impact pro-cyclical contributions may have, or to a payout event or resolution action financing which occurred at national level. Those derogations must be temporary and may be subject to the fulfilment of certain conditions.
Amendment 514 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 l - paragraph 1- point d a (new)
Article 41 l - paragraph 1- point d a (new)
(da) in case of a repayment of depositors under Article 14(2) of Directive 2014/49/EU and where the participating DGS concerned is the home DGS, information on the instruction to provide adequate funding directly to the host DGS and on the amount necessary to repay depositors by a DGS in the host Member State.
Amendment 525 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 n – point a a (new)
Article 41 n – point a a (new)
(aa) in case where Article 14(2) of Directive 2014/49/EU is applied, the funding shall be provided in the form of a cash contribution to the DGS in the host Member State, following an instruction by the home DGS;
Amendment 526 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 n – point b
Article 41 n – point b
(b) the funds shall be due immediately and no later than 24 hours after the determination of the Board in Article 41m.
Amendment 618 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 b - paragraph 2
Article 74 b - paragraph 2
2. By the end of the co-insurance period the available financial means of the DIF shall reach 75% of the sum of the minimum target levels that participating DGSs shall reach under the first subparagraph of Article 10(2) of Directive 2014/49/EU.
Amendment 635 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 b – paragraph 5 – point b a (new)
Article 74 b – paragraph 5 – point b a (new)
(ba) Criteria for recourse to irrevocable payment commitments pursuant to paragraph 2 in order to ensure that the fiscal capacity and the liquidity of the DIF shall in no manner be affected by such recourse. In drafting this delegated act, the Commission shall take due account of the rules and principles laid down in EBA guidelines EBA/GL/2015/09 of 28 May 2015 on payment commitments under Directive 2014/49/EU on deposit guarantee schemes.
Amendment 660 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c - paragraph 2 a (new)
Article 74 c - paragraph 2 a (new)
2a. The available financial means to be taken into account in order to reach the target level may include payment commitments. The total share of payment commitments shall not exceed 30 % of the total amount of available financial means raised in accordance with this Article.
Amendment 667 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 4 – subparagraph 2
Article 74 c – paragraph 4 – subparagraph 2
Member States mayshall provide that a participating DGS may considers the contributions that credit institutions affiliated to it paid into the DIF when setting the level of their ex-ante contributions or may reimburse these credit institutions from its available financial means to the extent they exceed the amounts set out in Article 41j on the relevant date.
Amendment 669 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 – subparagraph 1
Article 74 c – paragraph 5 – subparagraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 93 in order to specify a risk-based method for the calculation of contributions in accordance with paragraph 2 of this Article. In drafting this delegated act, the Commission shall build on the methodology developed by the EBA in its guidelines EBA/GL/2015/10 of 22 September 2015 on methods for calculating contributions to deposit guarantee schemes.
Amendment 724 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 d – paragraph 1
Article 74 d – paragraph 1
1. Where, after the reinsurance period, the available financial means are not sufficient to cover the losses, costs or other expenses incurred by the DIF following a payout event or resolution action financing, extraordinary ex-post contributions from the credit institutions affiliated to participating DGSs shall be raised in order to cover the additional amounts. Notwithstanding paragraphs 2 and 3, the amount of ex-post contributions to be raised shall be equal to the shortfall of available financial means but shall not exceed the maximum share of total covered deposits of all credit institutions within the scope of EDIS laid down by delegated act of the Commission in accordance with paragraph 5.
Amendment 757 #
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
2. The amounts received from an institution under resolution or a bridge institution, the interests and other earnings on investments and any other earnings shall benefit only the SRF and the DIF, as appropriate.
Amendment 762 #
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Regulation (EU) No 806/2014
Article 75 – paragraph 3
Article 75 – paragraph 3
3. The Board shall have a prudent and safe investment strategy that is provided for in the delegated acts adopted pursuant to paragraph 4 of this Article, and shall invest the amounts held in the SRF and the DIF in obligations of the Member States or intergovernmental organisations, or in highly liquid assets of high creditworthiness, taking into account the delegated act referred to in Article 460 of Regulation (EU) No 575/2013 as well as other relevant provisions of that Regulation. Investments shall be sufficiently sectorally, geographically and proportionally diversified. The return on those investments shall benefit the SRF and the DIF respectively, in strict proportion of the amounts invested on behalf of each of those funds.
Amendment 780 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39 – point a
Article 1 – paragraph 1 – point 39 – point a
Regulation (EU) No 806/2014
Article 93 – paragraph 2
Article 93 – paragraph 2
2. The delegation of power referred to in Article 2a, Article 19(8), Article 65(5), Article 69(5), Article 71(3), Article 74b (5), Article 74c (5), Article 74d(4) and Article 75(4) shall be conferred for an indeterminate period of time from the relevant dates referred to in Article 99.;
Amendment 781 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39 – point b
Article 1 – paragraph 1 – point 39 – point b
Regulation (EU) No 806/2014
Article 93 – paragraph 4
Article 93 – paragraph 4
4. The delegation of power referred to in Article 2a, Article 19(8), Article 65(5), Article 69(5), Article 71(3), Article 74b (5), Article 74c (5), Article 74d(4) and Article 75(4) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.;
Amendment 782 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39 – point c
Article 1 – paragraph 1 – point 39 – point c
Regulation (EU) No 806/2014
Article 93 - paragraph 6
Article 93 - paragraph 6
6. A delegated act adopted pursuant to Article 2a, Article 19(8), Article 65(5), Article 69(5), Article 71(3), Article 74b (5), Article 74c (5), Article 74d(4) and Article 75(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or the Council.;
Amendment 785 #
Proposal for a regulation
Article 1 – paragraph 1 – point 41 Regulation (EU) No 806/2014
Article 1 – paragraph 1 – point 41 Regulation (EU) No 806/2014
41. throughout Regulation (EU) No 806/2014, the wordphrase "the Fund" is replaced with "the SRF". except in Article 41(4) where the phrase "the Fund" is replaced by "the SRF and the DIF, as appropriate" and in Article 92(2) where the phrase "the fund" is replaced by "the SRF and the DIF".