Database on German and European Economic Law

 Directive 2009/111/EC

I. Description

A single financial market in the EU is a key factor in promoting the competitiveness of the European economy and the lowering of the capital cost to companies. The Financial Services Action Plan 1999-2005 (FSAP) aimed at laying the foundations for a strong financial market in the EU by pursuing three strategic objectives:
• ensuring a Single Market for wholesale financial services;
• open and secure retail markets and
• state-of-the-art prudential rules and supervision; In this context, based on the 'Basel II' G-10 agreement, a new capital requirements framework was adopted in June 2006 as the Capital Requirements Directive (CRD); this comprises Directives 2006/48/EC and 2006/49/EC. The overarching goal of the current proposal is to ensure that the effectiveness of the Capital Requirements Directive is not compromised. The revision relates to:
• Revisions of rules that were brought forward from previous directives, such as the large exposures regime and derogations for bank networks from prudential requirements;
• Establishing principles and rules that had not been formalised at the EU level such as the treatment of hybrid capital instruments within original own funds;
• Clarifying the supervisory framework for crisis management and establishing colleges for enhancing both efficiency and effectiveness of supervision.

II. General Information

Title

Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 amending Directives 2006/48/EC, 2006/49/EC and 2007/64/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements, and crisis management

Abbreviations
CRD II - Directive, CRD II
Status
Existing
Directive
2009/111/EC
Source
O.J. EC No L (Legislation), Edition 302, Year 2009, p.97 - 119
Adoption
09/16/2009
Promulgation
11/17/2009
Character
Regular Act
Legal Basis
Art. 47 Abs. 2 EC
Legislative Procedure
Codecision procedure

III. Versions and Legislative History

1. Versions

Titel
Allg. Daten
Textfassung

Original Text CRD II - Directive, CRD II:
Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 amending Directives 2006/48/EC, 2006/49/EC and 2007/64/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements, and crisis management

  2009/111/EC

Beschluss:
09/16/2009 (A)
Verkuendung:
11/17/2009 (P)
(A) Adoption | (P) Promulgation

2. Legislative History

Datum
Typ / Titel
Textfassungen
10/01/2008
Proposal
COM/2008/602

3. Legal Impact

Auswirkungstyp
Richtlinie
Textfassungen
Amendment
  Directive 2007/64/EC
Amendment
  Directive 2006/49/EC
Amendment
  Directive 2006/48/EC

IV. Umsetzung in den Mitgliedstaaten

1. Implementation in Germany

(A) Adoption | (P) Promulgation

Legend

Legislative Act Status

Documents

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Overview

I. Description
II. General Information
III. Versions and Legislative History
1. Versions
2. Legislative History
3. Legal Impact
IV. Umsetzung in den Mitgliedstaaten
1. Implementation in Germany