19 Amendments of Burkhard BALZ related to 2016/0362(COD)
Amendment 70 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Directive 2014/59/EU
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
1 a. In Article 2(1), point (2) is replaced by the following: "(2)‘credit institution’ means a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013, not including the entities referred to in Articles 2(5) and 2 (5a) of Directive 2013/36/EU; " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32014L0059)
Amendment 142 #
Proposal for a directive
Article 1 – paragraph 19
Article 1 – paragraph 19
Directive 2014/59/EU
Article 29a – paragraph 2
Article 29a – paragraph 2
2. The suspension referred to in paragraph 1 shall not exceed the minimum period of time that the competent authority considers necessary to carry out the assessment referred to in point (a) of Article 27(1) or to make the determination referred to in point (a) of Article 32(1) and shall in any event not exceed 5 working days except in duly justified cases where extraordinary circumstances may require a longer period of suspension.
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 19
Article 1 – paragraph 19
Directive 2014/59/EU
Article 29a – paragraph 3 – point c
Article 29a – paragraph 3 – point c
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45 – paragraph 2 a (new)
Article 45 – paragraph 2 a (new)
2 a. A resolution authority may grant entity-specific transitional periods for the application of paragraph 1 only in exceptional circumstances and as a maximum until 31 December 2021. In case a transitional period is granted, the resolution authority shall ensure that the relevant entity takes measures towards achieving compliance with paragraph 1 as quickly as possible. The resolution authority shall communicate to the relevant entity a planned MREL target for every 12 months period during the transitional period.
Amendment 205 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45b – paragraph 2
Article 45b – paragraph 2
Amendment 222 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45b – paragraph 3 – subparagraph 1
Article 45b – paragraph 3 – subparagraph 1
Resolution authorities may decide thashall assess and decide to what extent the requirement referred to in Article 45f ishall be met by resolution entities with instruments that meet all conditions referred to in Article 72a of Regulation (EU) No 575/2013 with a view to ensure that the resolution entity can be resolved in a manner suitable to meet the resolution objectives.
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45b – paragraph 3 – subparagraph 2 – introductory part
Article 45b – paragraph 3 – subparagraph 2 – introductory part
The resolution authority's assessment and decision under this paragraph shall contain the reasons for that decision on the basis of, inter alia, the following elements:
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45b – paragraph 3 – subparagraph 2 – point c
Article 45b – paragraph 3 – subparagraph 2 – point c
(c) the amountvailability of a minimum level of a subordinated liabilities shall not exceed the amount necessary to ensure that creditors referred to in point (b) shall not incur losses above the level of losses that they would otherwise have incurred in a winding up under normal insolvency proceedings.oss absorption and recapitalisation capacity and the benefits that an increased level of a subordinated loss absorption and recapitalisation capacity implies for resolvability;
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45b – paragraph 3 – subparagraph 2 a (new)
Article 45b – paragraph 3 – subparagraph 2 a (new)
By way of derogation from subparagraph 2, for entities designated as G-SIBs or O- SIIs and for any other resolution entity designated as systemically relevant by the resolution authority, the amount of own funds and eligible liabilities required to be met with instruments that meet all of the conditions referred to in Article 72a of Regulation (EU) No 575/2013 shall at least be equal to the higher of the following: (i) the level that arises or would arise from the application of Article 92a (1) of Regulation (EU) No 575/2013; or (ii) 8% of total liabilities and own funds. A higher amount up to the full requirement referred to in Article 45f shall be required by the resolution authority, if this requirement is necessary and appropriate to implement an orderly resolution.
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 3 – subparagraph 1 – introductory part
Article 45c – paragraph 3 – subparagraph 1 – introductory part
Without prejudice to the last subparagraph, for resolution entities, the amount referred to in paragraph 2 shall not exceedat least equal the greater of the following:
Amendment 303 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45 c – paragraph 3 – subparagraph 4
Article 45 c – paragraph 3 – subparagraph 4
The resolution authority shall set the recapitalisation amounts referred to in the previous subparagraphs in accordance with the resolution actions foreseen in the resolution plan and may adjust upwards those recapitalisation amounts to adequately reflect risks that affect resolvabilit in order to cover any additional unexpected or unforeseen losses or costs that may arisinge from implementing either resolution group’s business model, funding profile and overall risk profileactions or the business reorganisation plan.
Amendment 343 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 4 a (new)
Article 45c – paragraph 4 a (new)
Amendment 367 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45d – paragraph 1 – point b
Article 45d – paragraph 1 – point b
(b) any additional requirement for own funds and eligible liabilities determined by the resolution authority specific to the entity in accordance with paragraph 2, which shall be met with liabilities that meet the conditions of Article 45b72 a of Regulation (EU) No 575/2013.
Amendment 371 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45d – paragraph 2 – introductory part
Article 45d – paragraph 2 – introductory part
2. The resolution authority mayshall impose an additional requirement for own funds and eligible liabilities referred to in point (b) of paragraph 1 only:to the extent necessary to fulfill the conditions of Article 45c.
Amendment 491 #
Proposal for a directive
Article 1 – paragraph 23 (new)
Article 1 – paragraph 23 (new)
Directive 2014/59/EU
Article 45i – paragraph 1 – subparagraph 1 a (new)
Article 45i – paragraph 1 – subparagraph 1 a (new)
The requirement referred to in the first subparagraph shall not apply to entities referred to in the second subparagraph of Article 45c(2).
Amendment 495 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45i – paragraph 2 – subparagraph 1 a (new)
Article 45i – paragraph 2 – subparagraph 1 a (new)
The requirement referred to in the first subparagraph of this paragraph shall not apply to entities referred to in the second subparagraph of Article 45c(2).
Amendment 546 #
Proposal for a directive
Article 1 – paragraph 24
Article 1 – paragraph 24
Directive 2014/59/EU
Article 55 – paragraph 6 a (new)
Article 55 – paragraph 6 a (new)
6 a. In the course of developing resolution plans the resolution authority may specify categories of liabilities on which an institution or entity referred to in points (b), (c) or (d) of Article 1(1) may reach the determination that it is legally or otherwise impracticable to include the contractual term referred to in paragraph (1) of this Article based on the conditions defined in accordance with paragraph (6) of this Article. The resolution authority shall have the right to request from the institution or entity referred to in points (b), (c) or (d) of Article 1(1) further information in order to assess the effect of an exemption from the requirement referred to paragraph (1) of this Article on the resolvability of the institution or entity.
Amendment 555 #
Proposal for a directive
Article 1 – paragraph 26
Article 1 – paragraph 26
Directive 2014/59/EU
Article 63 – paragraph 1a
Article 63 – paragraph 1a
1a. The period of the suspension pursuant to paragraph 1(n) shall not exceed the minimum period of time that the resolution authority considers necessary for the effective application of one or more resolution tools or for the purposes of the valuation pursuant to Article 36 and in any event shall not exceed 5 working days except in duly justified cases where exceptional circumstances may require a longer period of suspension.
Amendment 561 #
Proposal for a directive
Article 1 – paragraph 26
Article 1 – paragraph 26
Directive 2014/59/EU
Article 63 – paragraph 1 b – point c
Article 63 – paragraph 1 b – point c