Procedure : 2016/0159(COD)
Document stages in plenary
Document selected : A8-0324/2016

Texts tabled :

A8-0324/2016

Debates :

Votes :

PV 14/12/2016 - 9.1
Explanations of votes

Texts adopted :

P8_TA(2016)0488

REPORT     ***I
PDF 442kWORD 76k
23.11.2016
PE 587.472v03-00 A8-0324/2016

on the proposal for a regulation of the European Parliament and of the Council replacing the lists of insolvency proceedings and insolvency practitioners in Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings

(COM(2016)0317 – C8-0196/2016 – 2016/0159(COD))

Committee on Legal Affairs

Rapporteur: Tadeusz Zwiefka

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council replacing the lists of insolvency proceedings and insolvency practitioners in Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings

(COM(2016)0317 – C8-0196/2016 – 2016/0159(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0317),

–  having regard to Article 294(2) and Article 81 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0196/2016),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0324/2016),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 3

 

Text proposed by the Commission

Amendment

(3)  The United Kingdom and Ireland are bound by Regulation (EU) 2015/848 and are therefore taking part in the adoption and application of this Regulation.

(3)  In accordance with Article 3(1) of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has given notice of its wish to take part in the adoption and application of this Regulation on 1 September 2016.

Justification

This amendment reflects the position of the United Kingdom with regard to the Commission proposal pursuant to Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice. The United Kingdom participated in the adoption and application of Regulation (EU) 2015/848 on insolvency proceedings.

Amendment    2

Proposal for a regulation

Recital 3 a (new)

 

Text proposed by the Commission

Amendment

 

(3a)  In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, without prejudice to Article 4 of the Protocol, Ireland will not participate in the adoption of this Regulation and will not be bound by it or be subject to its application.

Justification

This amendment reflects the position of Ireland with regard to the Commission proposal pursuant to Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice. Ireland participated in the adoption and application of Regulation (EU) 2015/848 on insolvency proceedings. The possibility for Ireland to accept this new regulation amending Annexes A and B of Regulation (EU) 2015/848 will always be open after its adoption pursuant to Article 4 of the above-mentioned Protocol.

Amendment    3

Proposal for a regulation

Article 2 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

It shall enter into application on 26 June 2017.

Justification

This amendment is of technical nature and aligns the entry into application of this amending regulation with that of Regulation (EU) 2015/848 on insolvency proceedings, which the former intends to amend. It contributes to legal certainty.


EXPLANATORY STATEMENT

Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast)(1), entered into force on 26 June 2015. The Regulation will apply from 26 June 2017, with the exception of the part relating to the system for interconnection of national insolvency registers, which will apply from 26 June 2019.

This Regulation includes as Annexes lists of insolvency proceedings and insolvency practitioners relevant to its application. Annex A to Regulation (EU) 2015/848 lists the insolvency proceedings referred to in point (4) of Article 2 of the Regulation. Annex B lists the insolvency practitioners referred to in point (5) of Article 2.

In December 2015, Poland notified the Commission on a substantial reform of its domestic law on restructuring, which would take effect as of 1 January 2016, and requested a modification of the lists set out in Annexes A and B to the Regulation accordingly. According to Article 1(1), to point (4) of Article 2 and to recital (9) of the Regulation, national proceedings qualify as “insolvency proceedings” in the context of the Regulation only if they are listed in Annex A thereto.

The Annexes to the Regulation can be amended only by a regulation to be adopted following the ordinary legislative procedure under the legal base on which the original regulation was adopted, namely Article 81 TFEU.

The Commission examined whether the request from Poland complied with the requirements of the Regulation and submitted a proposal to the European Parliament and to the Council with a view to ensuring that the scope of the recast regulation will be adjusted to the actual legal framework of the Polish insolvency legislation by the time of its application. In this context, the Commission proposal is of a purely technical nature. It contains no substantive change to the Regulation.

Your rapporteur agrees with the purpose of the proposal and with its content in general terms. However, he considers that three amendments of technical nature should be made to it. The first two reflect the position of the United Kingdom and of Ireland respectively with regard to the Commission proposal pursuant to Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice. The third amendment aligns the entry into application of the amending regulation with that of Regulation (EU) 2015/848.

(1)

OJ L 141, 5.6.2015, p. 19.


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Insolvency proceedings and insolvency practitioners

References

COM(2016)0317 – C8-0196/2016 – 2016/0159(COD)

Date submitted to Parliament

30.5.2016

 

 

 

Committee responsible

       Date announced in plenary

JURI

6.6.2016

 

 

 

Committees asked for opinions

       Date announced in plenary

ECON

6.6.2016

LIBE

6.6.2016

 

 

Not delivering opinions

       Date of decision

ECON

15.9.2016

LIBE

11.7.2016

 

 

Rapporteurs

       Date appointed

Tadeusz Zwiefka

14.6.2016

 

 

 

Discussed in committee

12.7.2016

5.9.2016

 

 

Date adopted

8.11.2016

 

 

 

Result of final vote

+:

–:

0:

19

0

2

Members present for the final vote

Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Kostas Chrysogonos, Therese Comodini Cachia, Mady Delvaux, Rosa Estaràs Ferragut, Enrico Gasbarra, Mary Honeyball, Gilles Lebreton, António Marinho e Pinto, Julia Reda, Evelyn Regner, Pavel Svoboda, Axel Voss, Tadeusz Zwiefka

Substitutes present for the final vote

Daniel Buda, Pascal Durand, Angel Dzhambazki, Stefano Maullu, Virginie Rozière

Date tabled

23.11.2016

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