European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on the reorganisation and winding up of credit institutions (8733/2/2000 - C5-0423/2000 - 1985/0046(COD))
Date: 2001-01-16
Institutions: European Parliament
Subjects: branch, credit institution, liquidation, management audit

C 262/40

Official Journal of the European Communities

EN

18.9.2001

Tuesday 16 January 2001

TEXTS ADOPTED

1.

International carriage by air * (procedure without debate)

A5-0001/2001

European Parliament legislative resolution on the proposal for a Council decision on the approval
by the European Communities of the Convention for the Unification of Certain Rules for Interna-
tional Carriage by Air (the Montreal Convention) (COM(2000) 446 . C5-0460/2000 . 2000/
0193(CNS))

(Consultation procedure)

The European Parliament,

(cid:20) having regard to the proposal for a Council decision (COM(2000) 446) (1),

(cid:20) having regard to the Convention for the Unification of Certain Rules for International Carriage by Air

(the Montreal Convention),

(cid:20) having regard to Articles 80(2) and 300(2), first subparagraph, of the EC Treaty,

(cid:20) having been consulted by the Council pursuant to Article 300(3), first subparagraph, of the EC Treaty

(C5-0460/2000),

(cid:20) having regard to Rules 67 and 97(7) of its Rules of Procedure,

(cid:20) having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0001/

2001),

1.

Approves the Convention;

Instructs its President to forward its position to the Council and Commission and the governments

2.
and parliaments of the Member States.

(1) OJ C 337 E, 28.11.2000, p. 225.

2. Reorganisation and winding up of credit institutions ***II

A5-0369/2000

European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council directive on the reorganisation and winding up of credit institutions
(8733/2/2000 . C5-0423/2000 . 1985/0046(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:20) having regard to the Council common position (8733/2/2000 (cid:20) C5-0423/2000) (1),

(cid:20) having regard to its position at

first reading (2) on the Commission proposal

to the Council

(COM(1985) 788) (3),

(1) OJ C 300, 20.10.2000, p. 13.
(2) OJ C 99, 13.4.1987, p. 207.
(3) OJ C 356, 31.12.1985, p. 55.

18.9.2001

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Official Journal of the European Communities

C 262/41

Tuesday 16 January 2001

(cid:20) having regard to the Commission’s amended proposal (COM(1988) 4) (1),

(cid:20) having regard to Article 251(2) of the EC Treaty,

(cid:20) having regard to Rule 80 of its Rules of Procedure,

(cid:20) having regard to the recommendation for second reading of the Committee on Economic and Monet-

ary Affairs (A5-0369/2000),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(c)

contractual netting agreements between the credit institution and
its counterparty shall be governed solely by the law of the Mem-
ber State applicable to such agreements;

Deleted

(Amendment 9)
Article 20(1)(c)

(Amendment 1)
Article 20(1)(d)

(d)

repurchase agreements between the credit
institution and its
counterparty shall be governed solely by the law of the Member
States applicable to such agreements subject to point (f);

Deleted

(Amendment 2)
Article 20(1)(f)

(f)

the enforcement of property rights in instruments or other rights
in such instruments the existence or transfer of which presupposes
their being recorded in a register, an account or a centralised
deposit system held or located in a Member State shall be gov-
erned by the law of the Member State where the register, account,
or centralised deposit system in which those rights are recorded,
is held or located;

Deleted

(Amendment 10)
Article 20(1)(g)

(g) without prejudice to point (f), the transactions carried out and
procedures applicable in the context of a regulated market shall
be governed solely by the law of the Member State applicable to
that market;

Deleted

(Amendment 3)
Article 20(1)(h)

(h)

subject to the provisions laid down in points (a) to (g), the right
in rem or reservation of title of a third party in respect of tangi-
ble or intangible, movable or immovable assets belonging to, or
in the possession of, the credit institution and all types of valu-
able security shall be governed solely by the law applicable to
that right, reservation of title or valuable security.

Deleted

(1) OJ C 36, 8.2.1988, p. 1.

C 262/42

Official Journal of the European Communities

EN

18.9.2001

Tuesday 16 January 2001

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(Amendment 4)
Article 20(2)

2. Without prejudice to points (c), (d) and (g) of paragraph 1, the
opening of winding-up proceedings or the adoption of a reorganisa-
tion measure shall not affect the right of a creditor, by operation of
law, to set his claims off against the claims of the credit institution
where such a set-off is permitted by the law of the Member State
applicable to the credit institution’s claim.

Deleted

(Amendment 5)
Article 20a (new)

Article 20a

Third parties’ rights in rem

1.
The adoption of reorganisation measures or the
opening of winding-up proceedings shall not affect the
rights in rem of creditors or third parties in respect of
tangible or intangible, movable or immovable assets .
both specific assets and collections of indefinite assets as
a whole which change from time to time . belonging to
the credit institution which are situated within the terri-
tory of another Member State at the time of the adoption
of the said measures or the opening of the said proceed-
ings.

The rights referred to in paragraph 1 shall in particu-

2.
lar mean:

(a)

the right to dispose of assets or have them disposed of
and to obtain satisfaction from the proceeds of or
income from those assets, in particular by virtue of a
lien or a mortgage;

(b) the exclusive right to have a claim met, in particular a
right guaranteed by a lien in respect of the claim or
by assignment of the claim by way of a guarantee;

(c)

the right to demand the assets from, and/or to require
restitution by, anyone having possession or use of
them contrary to the wishes of the party so entitled;

(d) a right in rem to the beneficial use of assets.

3.
The right, recorded in a public register and enforce-
able against third parties, under which a right in rem
within the meaning of paragraph 1 may be obtained, shall
be considered a right in rem.

4.
Paragraph 1 shall not preclude actions for voidness,
voidability or unenforceability as referred to in Arti-
cle 10(2)(l).

(Amendment 6)
Article 20b (new)

Article 20b

Reservation of title

1.
The adoption of reorganisation measures or the
opening of winding-up proceedings concerning a credit

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Official Journal of the European Communities

C 262/43

COUNCIL
COMMON POSITION

Tuesday 16 January 2001

AMENDMENTS
BY PARLIAMENT

institution purchasing an asset shall not affect the seller’s
rights based on a reservation of title where at the time of
the adoption of such measures or opening of such pro-
ceedings the asset is situated within the territory of a
Member State other than the State in which the said mea-
sures were adopted or the said proceedings were opened.

2.
The adoption of reorganisation measures or the
opening of winding-up proceedings concerning a credit
institution selling an asset, after delivery of the asset,
shall not constitute grounds for rescinding or terminating
the sale and shall not prevent the purchaser from acquir-
ing title where at the time of the adoption of such mea-
sures or the opening of such proceedings the asset sold is
situated within the territory of a Member State other than
the State in which the said measures were adopted or the
said proceedings were opened.

Paragraphs 1 and 2 shall not preclude actions for
3.
voidness, voidability or unenforceability as referred to in
Article 10(2)(l).

(Amendment 7)

Article 20c (new)

Article 20c

Set-off

The adoption of reorganisation measures or the
1.
opening of winding-up proceedings shall not affect the
right of creditors to demand the set-off of their claims
against the claims of the credit institution, where such a
set-off is permitted by the law applicable to the credit
institution’s claim.

2.
Paragraph 1 shall not preclude the actions for void-
ness, voidability or unenforceability laid down in Arti-
cle 10(2)(l).

(Amendment 8)

Article 20d (new)

Article 20d

Lex rei sitae

The enforcement of proprietary rights in instruments or
other rights in such instruments the existence or transfer
of which presupposes entry in a register, an account or a
centralised deposit system held or located in a Member
State shall be governed by the law of the Member State
where the register, account, or centralised deposit system
in which those rights are recorded is held or located.

C 262/44

Official Journal of the European Communities

EN

18.9.2001

Tuesday 16 January 2001

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(Amendment 11)
Article 20e (new)

Article 20e

Netting agreements

Netting agreements shall be governed solely by the law of
the contract which governs such agreements.

(Amendment 12)
Article 20f (new)

Article 20f

Repurchase agreements

Without prejudice to Article 20d, repurchase agreements
shall be governed solely by the law of the contract which
governs such agreements.

(Amendment 13)
Article 20g (new)

Article 20g

Regulated markets

Without prejudice to Article 20d, transactions carried out
in the context of a regulated market shall be governed
solely by the law of the contract which governs such
transactions.

3. Quality evaluation in school education ***II

A5-0375/2000

European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council recommendation on European cooperation in quality evaluation in
school education (11540/1/2000 . C5-0565/2000 . 2000/0022(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:20) having regard to the Council common position (11540/1/200 (cid:20) C5-0565/2000),

(cid:20) having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(1999) 709),

(cid:20) having regard to the Commission’s amended proposal (COM(2000) 523),

(1)

‘Texts Adopted’ of 6.7.2000, Item 27.