Changes from adopted text to adopted text

Removed6. The claims of the Board referred to paragraph 5 of this Article and in Article 22(6) shall, in each participating Member State, have the same priority ranking as the claims of the national resolution financing arrangements in the national law of that Member State governing normal insolvency proceedings pursuant to Article 108(9) of Directive 2014/59/EU.’;

Removed(41) Article 79 is amended as follows:

Removed(a) paragraphs 1, 2 and 3 are replaced by the following:

Removed‘1. Participating Member States shall ensure that when the Board takes resolution action with respect to a credit institution, provided that such action ensures that depositors of covered deposits, and natural persons as well as micro, small and medium-sized enterprises who hold eligible deposits, continue to have access to their deposits, to prevent such depositors from bearing losses, the deposit guarantee scheme to which that credit institution is affiliated shall contribute for the purposes and under the conditions laid down in Article 109 of Directive 2014/59/EU.

Removed2. The Board, in close cooperation with the deposit guarantee scheme, shall determine the amount of the contribution of the deposit guarantee scheme in accordance with paragraph 1 after having consulted the deposit guarantee scheme, and where necessary the designated authority within the meaning of Article 2(1), point (18), of Directive 2014/49/EU, on the estimated cost of repaying depositors pursuant to Article 11e of Directive 2014/49/EU and in compliance with the conditions referred to in Article 20 of this Regulation.

Removed3. The Board shall notify its decision as referred to in the first subparagraph to the designated authority within the meaning of Article 2(1), point (18), of Directive 2014/49/EU and to the deposit guarantee scheme to which the institution is affiliated. The deposit guarantee scheme shall implement that decision without delay.’;

Removed(b) in paragraph 5, the second and third subparagraph are deleted;

Removed(41a) the following articles are inserted:

Removed‘Article 79a

RemovedReporting on liquidity in resolution

RemovedBy 31 December 2024 the Commission shall report, to the European Parliament and to the Council, on the issue of liquidity in resolution.

RemovedThe report shall examine whether a temporary liquidity shortfall after recapitalisation of an institution in resolution is caused inter alia by a missing instrument in the resolution toolbox and shall examine the most efficient ways to address temporary liquidity shortfalls, taking into consideration the practices in other jurisdictions. The report shall present concrete policy options.

RemovedArticle 79b

RemovedBy 31 December 2026, in the context of the resumption of banking union discussions, the Commission shall report to the European Parliament and to the Council on the effectiveness and scope of the internal loss transfer mechanism within resolution groups resulting from the reform of the crisis management framework.

RemovedIn particular, the report shall take stock of the scope of resolution, the level of compliance with internal MREL targets, conditions to access the industry funded safety nets, in particular the Fund.’;

Removed(42) in Article 85(3), the words ‘referred to in’ are replaced by the words ‘adopted under’;

Removed(43) in Article 88, the following paragraph 7 is added:

Removed‘7. This Article shall not prevent the Board from disclosing its analyses or assessments, including when they are based on information provided by the entities referred to in Article 2 or other authorities as referred to in paragraph 6 of this Article, when the Board assesses that the disclosure would not undermine the protection of the public interest as regards financial, monetary or economic policy and that there is a public interest in disclosing which overrides any other interests referred to in paragraph 5 of this Article. Such disclosure shall be considered to be made by the Board in the exercise of its functions under this Regulation for the purposes of paragraph 1 of this Article.’;

Removed(43a) in Article 94(1), the following point is inserted:

Removed‘(aa) the interplay between the existing framework and the establishment of the European Deposit Insurance Scheme.’

RemovedArticle 2

RemovedEntry into force and application

RemovedThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

RemovedIt shall apply from … [OP please insert the date = 12 months from the date of entry into force of this amending Regulation].

RemovedHowever, Article 1, points (1)(a), points (2) and, (3), point (4)(a), point (5)(a), (b) and (c)(i) and (ii), point (6)(a), point (7), point (13)(a)(i) and (b), point (14)(a), (b) and (d), point (19)(d) and (e), point (21), point (23)(a)(i), first indent, (b) and (d), points (25) to (35), and points (39), (42) and (43), shall apply from … [OP please insert the date = 1 month from the date of entry into force of this amending Regulation].

RemovedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

RemovedDone at …,

RemovedFor the European Parliament For the Council

RemovedThe President The President