13 Amendments of Herbert DORFMANN related to 2012/0150(COD)
Amendment 155 #
Proposal for a directive
Recital 10
Recital 10
(10) National Authorities should take into account the risk, size and interconnectedness of an institution, legal status, nature, scope and complexity of business activity, and interconnectedness of an institution and membership to an IPS as according to Art. 80(8) CRD or other cooperative mutual solidarity systems as according to Art. 80(7) CRD and Art. 3 CRD when applying the requirements under this Directive in the context of recovery and resolution plans and when using the different tools at their disposal, making sure that the regime is applied in an proportionate and appropriate way.
Amendment 274 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a The competent authorities shall ensure when establishing and applying the requirements under this Directive and when using the different tools at their disposal to take account of risk, size, legal status interconnectedness, the nature, the scope and the complexity of the activities of institutions and membership to an IPS and other cooperative solidarity systems as according to Art. 80(8) CRD and Art. 3 CRD.
Amendment 305 #
Proposal for a directive
Article 2 – paragraph 1 – point 83 a (new)
Article 2 – paragraph 1 – point 83 a (new)
(83a) ‘early intervention’ means any action taken by a competent authority, or any preventive and supportive measures taken by the DGS where allowed or by the IPS in consultation with a competent authority before a resolution phase is formally declared.
Amendment 315 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member States shall designate one or more resolution authorities that are empowered to apply the resolution tools and exercise the resolution powers having regard to the national legal system.
Amendment 357 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Having regard to the impact that the failure of the institution could have, due to the legal structure of the institution, the nature of its business, its size or its interconnectedness to other institutions or to the financial system in general, on financial markets, on other institutions, on funding conditions, membership of an IPS as according to Article 80(8) CRD or other cooperative solidarity systems as according to Article 3 CRD. Member States shall ensure that competent and resolution authorities determine the extent to which the following apply to institutions:
Amendment 362 #
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) The obligation to draw up and maintain a recovery plan is not necessary for those institutions for which the failure, due to its reduced size or limited interconnectedness to other institutions or to the financial system in general, would not have both in the case of an idiosyncratic event or at time of broader financial instability or system wide events, an adverse effect on financial stability including through contagion to other institutions. Competent authorities can define triggers after whose occurrence even the aforementioned institutions have to draw up a recovery plan.
Amendment 464 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that parent undertakings or institutions that are subject to consolidated supervision pursuant to Articles 125 and 126 3 and Articles 125 and 126 of Directive 2006/48/EC, or by a cooperative solidarity system according to Article 3 and Article 80 (8) of Directive 2006/48/EC draw up and submit to the consolidating supervisor a group recovery plan that includes a recovery plan for the whole group, including for the companies referred to in points (c) and (d) of Article 1, as well as a recovery plan for each institution that is part of the group.
Amendment 520 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a For the purpose of Articles 5 to 8, competent authorities shall ensure that each recovery plan includes a trigger framework established by the institution which identifies the points at which appropriate actions referred to in the plan will or may be taken. The triggers may be expressed by reference to qualitative and quantitative indicators relating to the institution's financial strength and must be forward looking and capable of being monitored easily. Competent authorities shall ensure that institutions put in place appropriate arrangements for the regular monitoring of the indicators. Notwithstanding the first subparagraph, an institution may take action under its recovery plan where the relevant trigger has not been met, but where the management of the institution considers it appropriate due to the circumstances.
Amendment 1090 #
Proposal for a directive
Article 38 – paragraph 2 – subparagraph 1 – point b a (new)
Article 38 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) liabilities that are guaranteed by an institutional protection scheme meeting the requirement of Article 108(7) CRR;
Amendment 1126 #
Proposal for a directive
Article 38 – paragraph 2 – subparagraph 3 a (new)
Article 38 – paragraph 2 – subparagraph 3 a (new)
Point (ba) of paragraph 2 shall not prevent resolution authorities, where appropriate, from exercising those powers in relation to any amount of a liability that exceeds the coverage of the IPS.
Amendment 1177 #
Proposal for a directive
Article 39 – paragraph 3 – point d
Article 39 – paragraph 3 – point d
(d) the extent to which the Deposit Guarantee Schemeamount of covered deposits of an institution that are guaranteed in accordance with Directive 94/19/EC; the extend to which the membership in a risk mitigating cooperative solidarity system, which ensures the prevention of resolution events by reporting requirements and early interventions in the sense of the DGS Directive, could contribute to the financing of resolution in accordance with Article 99;
Amendment 1424 #
Proposal for a directive
Article 91 – paragraph 1
Article 91 – paragraph 1
1. Member States shall establish financing arrangements for the purpose of ensuring the effective application by the resolution authority of the resolution tools and powers. Institutional Protection Schemes shall considered as financing arrangements, provided that they meet the requirements laid down in art. 80(8) of Directive 48/2006/CE. The financing arrangements shall be used only in accordance with the resolution objectives and the principles set out in Articles 26 and 29.
Amendment 1520 #
Proposal for a directive
Article 94 – paragraph 7 – point g a (new)
Article 94 – paragraph 7 – point g a (new)
(g a) the existence of a risk mitigating cooperative solidarity system, which ensures the prevention of resolution events by reporting requirements and early interventions in the sense of the DGS Directive;