16 Amendments of Krišjānis KARIŅŠ related to 2012/0150(COD)
Amendment 164 #
Proposal for a directive
Recital 13
Recital 13
(13) Effective resolution of institutions or groups operating across the Union requires cooperation among competent authorities and resolution authorities within supervisory and resolution colleges in all the stages covered by this Directive, from the preparation of recovery and resolution plans to the actual resolution of an institution. In the event of disagreement between national authorities on decisions to be taken in accordance with this Directive with regard to institutions, the European Banking Authority (EBA) should, as a last resort, play a role of binding mediation. For that purpose, EBA should be empowered to take decisions requiring national authorities to take or to refrain from specific actions in accordance with the provisions of Regulation 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/ECNational authorities are more qualified to evaluate the necessary steps that have to be taken in order to prevent the negative effect that failing financial institutions may cause. Therefore, the final decision with respect to the resolution of an institution should be taken by the national authorities.
Amendment 183 #
Proposal for a directive
Recital 21
Recital 21
(21) Recovery and resolution plans should not assume access to extraordinary public financial support or expose taxpayers to the risk of loss. Creditor protection should be an integral part of these plans. Access to liquidity facilities provided by central banks, including emergency liquidity facilities, should not be considered as extraordinary public financial support provided that the institution is solvent at the moment of the liquidity provision, and such liquidity provision is not part of a larger aid package; that the facility is fully secured by collateral to which haircuts are applied, in function of its quality and market value, that the central bank charges a penal interest rate to the beneficiary; and that the measure is taken at the central bank’s own initiative and, in particular, is not backed by any counter-guarantee of the State.
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 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 858 #
Proposal for a directive
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 872 #
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 19 of Regulation (EU) No 1093/2010. The advice given by EBA is not binding.