5 Amendments of Jürgen KLUTE related to 2010/0232(COD)
Amendment 91 #
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 2002/87/EC
Article 2 – point 18
Article 2 – point 18
(18) ’intra-group transactions’ means all transactions by which regulated or non- regulated entities within a financial conglomerate rely either directly or indirectly on other undertakings within the same group or on any natural or legal person linked to the undertakings within that group by close links, for the fulfilment of an obligation, whether or not contractual, and whether or not for payment;
Amendment 101 #
Proposal for a directive – amending act
Article 2 – point 2 – point b
Article 2 – point 2 – point b
Directive 2002/87/EC
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
If the group does not reach the threshold referred to in paragraph 2, the relevant competent authorities may decide by common agreement not to regard the group as a financial conglomerate. They may also decide not to apply the provisions of Articles 7, 8, or 9, if they are of the opinion that the inclusion of the group in the scope of this Directive or the application of such provisions is not necessary or would be inappropriate or misleading with respect to the objectives of supplementary supervision.
Amendment 103 #
Proposal for a directive – amending act
Article 2 – point 2 – point c
Article 2 – point 2 – point c
Directive 2002/87/EC
Article 3 – paragraph 3a
Article 3 – paragraph 3a
Amendment 112 #
Proposal for a directive – amending act
Article 2 – point 3 a (new)
Article 2 – point 3 a (new)
Directive 2002/87/EC
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(3a) In Article 6(5), point a is replaced by the following: "(a) if the entity is situated in a third country where there are legal impediments to the transfer of the necessary information, without prejudice to the sectoral rules regarding the obligation of competent authorities to refuse authorisation where the effective exercise of their supervisory functions is prevented, unless the entity moved from a Member State to the third country and there is evidence that the entity changed its location to avoid regulation."
Amendment 113 #
Proposal for a directive – amending act
Article 2 – point 3 b (new)
Article 2 – point 3 b (new)
Directive 2002/87/EC
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
(3b) In Article 7, the following paragraph is inserted: "2a. In the event that the risk concentration at the level of a financial conglomerate changes by more than 10 % within less than three months, the conglomerate or the regulated undertaking shall report to the coordinator as soon as possible, but in any event within five working days of detection of the change of risk concentration."