BETA

Activities of Ernest URTASUN related to 2021/0343(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 575/2013 and Directive 2014/59/EU as regards the prudential treatment of global systemically important institution groups with a multiple point of entry resolution strategy and a methodology for the indirect subscription of instruments eligible for meeting the minimum requirement for own funds and eligible liabilities
2022/02/04
Committee: ECON
Dossiers: 2021/0343(COD)
Documents: PDF(241 KB) DOC(90 KB)
Authors: [{'name': 'Jonás FERNÁNDEZ', 'mepid': 125046}]

Amendments (4)

Amendment 21 #
Proposal for a regulation
Recital 5
(5) According to Article 72e(4), first subparagraph, of Regulation (EU) No 575/2013, resolution authorities may permit a G-SII with an MPE resolution strategy to deduct certain holdings of own funds and eligible liabilities instruments of its subsidiaries that do not belong to the same resolution group by deducting a lower, adjusted amount specified by the resolution authority. Article 72e(4), second subparagraph, of that Regulation requires that in such cases, the difference between the adjusted amount and the original amount is deducted from the loss absorbing and recapitalisation capacity of the subsidiaries concerned. In line with the TLAC standard, that approach should take into account the risk-based and non-risk- based requirements for own funds and eligible liabilities of the subsidiary concerned. Furthermore, that approach should be applicable to all third-country subsidiaries belonging to that G-SII, as long as those subsidiaries are subject to a local resolution regime that is legally enforceable and equivalent to internationally agreed standards. according to the EU parent resolution authority. For third-country subsidiaries without an applicable equivalent resolution requirement the full amount of these holdings of own funds instruments or eligible liabilities instruments should be deducted.
2022/01/12
Committee: ECON
Amendment 39 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 575/2013
Article 12 a – paragraph 1
Where at least two G-SII entities belonging to the same G-SII are resolution entities or third-country entities that would be resolution entities if they were established in the Union, the EU parent institution of that G-SII shall calculate the amount of own funds and eligible liabilities referred to in Article 92a(1), point (a). That calculation shall be undertaken exclusively on the basis of the consolidated situation of the EU parent institution as if it were the only resolution entity of the G-SII.
2022/01/12
Committee: ECON
Amendment 68 #
Proposal for a regulation
Article 2 – paragraph 1Directive 2014/59/EU

Article 45 f – paragraph 6
In Article 45f of Directive 2014/59/EU, paragraph 6 is deleted.
2022/01/12
Committee: ECON
Amendment 69 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Directive 2014/59/EU
Article 45 f – paragraph 6
6. EBA shall develop draft regulatory technical standards further specifying methods to avoid that instruments recognised for the purposes of this Article indirectly subscribed, in part or in full, by the resolution entity hamper the smooth implementation of the resolution strategy. Such methods are to ensure, in particular, the proper transfer of losses to the resolution entity and the proper transfer of capital from the resolution entity to entities that are part of the resolution group but not themselves resolution entities, and provide a mechanism to avoid double counting of eligible instruments recognised for the purpose of this Article. They shall consist of a deduction regime or an equivalently robust approach and they shall ensure to entities that are not themselves the resolution entity an outcome equivalent to that of a full direct subscription by the resolution entity of eligible instruments recognised for the purpose of this Article. EBA shall submit those draft regulatory technical standards to the Commission by 28 December 2019.Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014L0059-20210626)(1a) In Article 45f, paragraph 6 is replaced by the following: "6. Where the resolution authority of the resolution entity assesses that instruments indirectly subscribed, in part or in full, by the resolution entity hamper the smooth implementation of the resolution strategy, in spite of the application of Article 72e(5) of Regulation (EU) 575/2013, the resolution authority may apply the measures of Article 45k of this Directive, including the removal of a substantive impediment to resolvability. Or. en
2022/01/12
Committee: ECON