7 Amendments of Nuno MELO related to 2013/0253(COD)
Amendment 176 #
Proposal for a regulation
Recital 42
Recital 42
(42) It is not appropriate to apply the bail- in tool to claims in so far as they are secured, collateralised or otherwise guaranteed. However, in order to ensure that the bail-in tool is effective and achieves its objectives, it should be possible to apply it to as wide a range of the unsecured liabilities of a failing institution as possible. Nevertheless, it is appropriate to exclude certain kinds of unsecured liability from the scope of application of the bail-in tool. For reasons of public policy and effective resolution, the bail-in tool shouldall not apply to those deposits, of whatever nature or value, that are protected under Directive 94/19/EC of the European Parliament and of the Council15, to liabilities to employees of the failing institution or to commercial claims that relate to goods and services necessary for the daily functioning of the institution. __________________ 15OJ L 135, 31.5.1994, pp. 5–14.
Amendment 180 #
Proposal for a regulation
Recital 43
Recital 43
(43) Depositors that hold deposits guaranteed by a deposit guarantee scheme shouldof whatever nature or value shall not be subject to the exercise of the bail-in tool. The deposit guarantee scheme, however, contributes to funding the resolution process to the extent that it would have had to indemnify the depositors. The exercise of the bail-in powers would ensure that depositors continue having access to their deposits which is the main reason why the deposit guarantee schemes have been established. Not providing for the involvement of those schemes in such cases would constitute an unfair advantage with respect to the other creditors which would be subject to the exercise of the powers by the resolution authority.
Amendment 421 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d
Article 12 – paragraph 2 – subparagraph 1 – point d
(d) to protect depositors covered by Directive 94/19/EC, regardless of the nature and value of their respective deposits, and investors covered by Directive 97/9/EC21. __________________ 21 Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes. OJ L 084, 26.03.1997, p.22.
Amendment 425 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d a (new)
Article 12 – paragraph 2 – subparagraph 1 – point d a (new)
(da) to particularly safeguard all deposits held by legal persons, regardless of their nature and value, since the appropriation of such deposits for the purposes of bank resolution would have an unbearable economic, financial, social, labour and tax impact given the likelihood that such funds are required for management and cash flow purposes by businesses, foundations, social support institution and other bodies, for the payment of salaries, raw materials, services, and tax and administrative costs;
Amendment 485 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) claims related to eligible deposits and claims from deposit guarantee schemeseligible deposits, other than deposits excluded under the terms of Article 12(d) and (da);
Amendment 662 #
Proposal for a regulation
Article 24 – paragraph 3 – point a
Article 24 – paragraph 3 – point a
(a) covered deposits regardless of their nature and value;
Amendment 698 #
Proposal for a regulation
Article 24 – paragraph 12 – point a
Article 24 – paragraph 12 – point a