Source: European Parliament
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2015/848 on insolvency proceedings to replace its Annexes A and B
(COM(2025/0040) – C10‑0009/2025 – 2025/0023(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2025/0040)),
– having regard to Article 294(2) and Article 81(2), points (a), (c) and (f) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C10‑0009/2025),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to Rule 60 of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A10-0127/2025),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 2
|
|
|
|
Text proposed by the Commission |
Amendment |
|
(2) In July 2022, Slovakia notified the Commission of recent changes of its domestic insolvency law introducing a new preventive restructuring procedure and a new type of insolvency practitioner. That notification was followed by notifications from Estonia, Spain, Malta and Italy in September 2022, from Belgium in July 2023 and from Luxembourg in January 2024, all relating to recent changes to their domestic law that introduce new types of insolvency proceedings or insolvency practitioners. Those new types of insolvency proceedings and insolvency practitioners comply with the requirements set out in Regulation (EU) 2015/848 and make it necessary to amend Annexes A and B to that Regulation. |
(2) In July 2022, Slovakia notified the Commission of recent changes of its domestic insolvency law introducing a new preventive restructuring procedure and a new type of insolvency practitioner. That notification was followed by notifications from Estonia, Spain and Italy in September 2022, from Belgium in July 2023, from Malta in September 2023 and from Luxembourg in January 2024, all relating to recent changes to their domestic law that introduce new types of insolvency proceedings or insolvency practitioners. Those new types of insolvency proceedings and insolvency practitioners comply with the requirements set out in Regulation (EU) 2015/848 and make it necessary to amend Annexes A and B to that Regulation. |
Amendment 2
Proposal for a regulation
Recital 2 a (new)
|
|
|
|
Text proposed by the Commission |
Amendment |
|
|
(2a) After the Commission presented its proposal, further notifications were received from Bulgaria, the Czech Republic and France relating to recent changes to their domestic law that introduce new types of insolvency proceedings or insolvency practitioners. |
Amendment 3
Proposal for a regulation
Recital 3
|
|
|
|
Text proposed by the Commission |
Amendment |
|
(3) In accordance with [Articles 1 and 2] [in case of non-participation] [Article 3] [in case of participation]and Article 4a(1) of Protocol No 21 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, [Ireland has notified [, by letter of …,] its wish to take part in the adoption and application of this Regulation]/[without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not be bound by it or subject to its application]. |
(3) In accordance with Article 3 and Article 4a(1) of Protocol No 21 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, Ireland has notified, by letter of 12 May 2025, its wish to take part in the adoption and application of this Regulation. |
Amendment 4
Proposal for a regulation
Annex A – indent 11 a (new)
|
|
|
|
Text proposed by the Commission |
Amendment |
|
|
– Производство по несъстоятелност на предприемача, |
Amendment 5
Proposal for a regulation
Annex A – indent 11 b (new)
|
|
|
|
Text proposed by the Commission |
Amendment |
|
|
– Производство по погасяване на задължения, |
Amendment 6
Proposal for a regulation
Annex A – indent 11 c (new)
|
|
|
|
Text proposed by the Commission |
Amendment |
|
|
– Производство по стабилизация на предприемача, |
Amendment 7
Proposal for a regulation
Annex A – indent 14 a (new)
|
|
|
|
Text proposed by the Commission |
Amendment |
|
|
– Veřejná preventivní restrukturalizace, |
Amendment 8
Proposal for a regulation
Annex A – indent 40
|
|
|
|
Text proposed by the Commission |
Amendment |
|
– Planes de reestructuración, |
– Planes de reestructuración (con publicidad registral), |
Amendment 9
Proposal for a regulation
Annex A – indent 44
|
|
|
|
Text proposed by the Commission |
Amendment |
|
– Sauvegarde financière accélérée, |
deleted |
Amendment 10
Proposal for a regulation
Annex A – indent 96
|
|
|
|
Text proposed by the Commission |
Amendment |
|
– Proċedura bażika ta’ ristrutturar preventive, |
– Proċedura bażika ta’ ristrutturar preventiv, |
Amendment 11
Proposal for a regulation
Annex B – indent 17 a (new)
|
|
|
|
Text proposed by the Commission |
Amendment |
|
|
– Restrukturalizační správce, |
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The rapporteur declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.
PROCEDURE – COMMITTEE RESPONSIBLE
|
Title |
Amendment of Regulation (EU) 2015/848 on insolvency proceedings to replace its Annexes A and B |
|||
|
References |
COM(2025)0040 – C10-0009/2025 – 2025/0023(COD) |
|||
|
Date submitted to Parliament |
12.2.2025 |
|
|
|
|
Committee(s) responsible Date announced in plenary |
JURI 10.3.2025 |
|
|
|
|
Rapporteurs Date appointed |
Ilhan Kyuchyuk 18.2.2025 |
|
|
|
|
Simplified procedure – date of decision |
18.2.2025 |
|||
|
Discussed in committee |
4.6.2025 |
|
|
|
|
Date adopted |
24.6.2025 |
|
|
|
|
Result of final vote |
+: –: 0: |
23 0 0 |
||
|
Members present for the final vote |
Maravillas Abadía Jover, José Cepeda, Ton Diepeveen, Ilhan Kyuchyuk, Sergey Lagodinsky, Mario Mantovani, Kira Marie Peter-Hansen, Pascale Piera, Emil Radev, René Repasi, Krzysztof Śmiszek, Adrián Vázquez Lázara, Dainius Žalimas |
|||
|
Substitutes present for the final vote |
Henrik Dahl, Laurence Farreng, Angelika Niebler, Gheorghe Piperea, Julie Rechagneux, Arash Saeidi, Eric Sargiacomo, Marcin Sypniewski, Jana Toom |
|||
|
Members under Rule 216(7) present for the final vote |
Lara Wolters |
|||
|
Date tabled |
9.7.2025 |
|||