BETA

39 Amendments of Ildikó GÁLL-PELCZ related to 2011/0202(COD)

Amendment 267 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. The competent authorities shallmay waive in full or in part the application of Article 401 to a parent institution and to all or some of its subsidiaries in the European Union and supervise them as a single liquidity sub- group so long as they fulfil all of the following conditions:
2012/03/07
Committee: ECON
Amendment 271 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) The parent institution monitors and has oversight at all times over the liquidity positions of all institutions within the group or sub-group, that are subject to the waiver; and ensure sufficient liquidity level in case of all institutions
2012/03/07
Committee: ECON
Amendment 272 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) The institutions have entered into contracts approved by the relevant competent authorities that provide for the free movement of funds between them to enable them to meet their individual and joint obligations as they come due;
2012/03/07
Committee: ECON
Amendment 279 #
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
(da) There are adequate ex ante agreement regarding the responsibilities and rights in place between the supervisory authorities and the central banks of the Member States concerned.
2012/03/07
Committee: ECON
Amendment 283 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
WThe competent authorities shall waive in full or in part the application of Article 401 to a parent institution and to all of its subsidiaries where all institutions of the single liquidity sub-group are authoriszed in the same Member State, paragraph 1 and conditions of paragraph 1 are fulfilled shall be applied by the competent authorities of that Member State.
2012/03/07
Committee: ECON
Amendment 288 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – point a
(a) the adequacy of the organisation and the treatment of liquidity risk as required by Article 84 of Directive [inserted by OP]; 2012/.../EU of the European Parliament and of the Council of ... [on the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms]; across the prospective liquidity sub-group
2012/03/07
Committee: ECON
Amendment 291 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – point b
(b) the distribution of amounts, location and ownership of the required liquid assets to be held within the sub-liquidity group;
2012/03/07
Committee: ECON
Amendment 295 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – point d
(d) the need for stricter parameters than those set out in Part Six, Title III. Competent authorities may also apply paragraph 1 and 4 also to institutions which that are members of the same institutional protection scheme referred to in 108(7)(b), provided that they meet all the conditions laid down in Article 108(7). Competent authorities shall in that case determine one of the institutions subject to the waiver to meet Article 401 on the basis of the consolidated situation of all institutions of the single liquidity sub- group.
2012/03/07
Committee: ECON
Amendment 312 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 – point b
(b) for the purposes of applying the intra- group treatment referred to in Article 410(8) and 413(4) of this Regulation in relation to institutions that are not subject to the waiver of Article 7.deleted
2012/03/07
Committee: ECON
Amendment 317 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b
(b) the liquidity intra-group treatment referred to in paragraph 1(b).deleted
2012/03/07
Committee: ECON
Amendment 320 #
Proposal for a regulation
Article 18 – paragraph 3 – point b
(b) on the date of receipt by competent authorities of a report prepared by the consolidating supervisor analysing intra- group commitments within the group.deleted
2012/03/07
Committee: ECON
Amendment 325 #
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 1
In the absence of a joint decision between the competent authorities within six months, the consolidating supervisor shall make its own decision on paragraph 1(a) and 1(b). The decision of the consolidating supervisor on paragraph 1(b) shall not limit the powers of the competent authorities under Article 102.
2012/03/07
Committee: ECON
Amendment 328 #
Proposal for a regulation
Article 18 – paragraph 7
7. EBA shall develop draft implementing technical standards to specify the joint decision process referred to in paragraph 1(a), with regard to the applications for permissions referred to in Articles 138(1), 146(9), 301(2), 277, 352, and for the liquidity intra-group treatment referred to in paragraph 1(b) with a view to facilitating joint decisions. EBA shall submit those technical standards to the Commission by 31 December 2014. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 15 of Regulation (EU) No 1093/2010.deleted
2012/03/07
Committee: ECON
Amendment 339 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2
However, any competent authority may during the six months period refer to EBA the question whether the conditions of (a) to (de) of Article 7(1) are met and request its assistance in accordance with Article 19 of Regulation No (EC) 1093/2010. If at the end of the six month period any of the competent authorities concerned has done so, all the competent authorities involved shall defer their decisions pending a decision by EBA. Such decision shall be taken within three months of the request. Once EBA has taken its decision, the competent authorities shall take their decisions concerning the conditions (a) to (de) of Article 7(1), in conformity with the decision of EBA. The matter shall not be referred to EBA after the end of the six month period or after a joint decision has been reached.
2012/03/07
Committee: ECON
Amendment 344 #
Proposal for a regulation
Article 19 – paragraph 4 – subparagraph 1
EBA shall develop draft implementing technical standards to specify the joint decision process referred to in this Article, with regard to the application of Article 7, with a view to facilitating joint decisions.deleted
2012/03/07
Committee: ECON
Amendment 346 #
Proposal for a regulation
Article 19 – paragraph 4 – subparagraph 2
EBA shall submit those draft implementing technical standards to the Commission by 31 December 2016.deleted
2012/03/07
Committee: ECON
Amendment 348 #
Proposal for a regulation
Article 19 – paragraph 4 – subparagraph 3
Powers are conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 15 of Regulation (EU) No 1093/2010.deleted
2012/03/07
Committee: ECON
Amendment 589 #
Proposal for a regulation
Article 94 – paragraph 1
The valuation of assets and off-balance- sheet items shall be effected in accordance with the relevant accounting framework to which the institution is subject under Regulation (EC) No 1606/2002 and Directive 86/635/EEC.
2012/03/08
Committee: ECON
Amendment 592 #
Proposal for a regulation
Article 95 – paragraph 1 – subparagraph 2
This reporting shall include financial information drawn up in accordance with the relevant accounting framework to which the institution is subject under Regulation (EC) No 1606/2002 and Directive 86/635/EEC to the extent this is necessary to obtain a comprehensive view of the risk profile of an institution's activities.
2012/03/08
Committee: ECON
Amendment 603 #
Proposal for a regulation
Article 106 – paragraph 1 – subparagraph 1 – introductory part
The exposure value of an asset item shall be its accounting value remaining after specific credit risk adjustments have been appliedthe amount by which prudential own funds would be reduced if the exposure where written-off fully. The exposure value of an off- balance sheet item listed in Annex I shall be the following percentage of its nominal value after reduction of specific credit risk adjustments:
2012/03/08
Committee: ECON
Amendment 696 #
Proposal for a regulation
Article 122 – paragraph 3
3. Exposures fully and completely secured by mortgages on residential property in accordance with Article 120 shall be assigned a risk weight of 100 % net of valuespecific credit risk adjustments if a default has occurred according to Article 174
2012/03/08
Committee: ECON
Amendment 890 #
Proposal for a regulation
Article 391 – paragraph 2 – subparagraph 3 – indent 1 (new)
-3. In the case of the sale and repurchase of independent mortgage liens shall apply to the exposures secured by mortgages on immovable property on which independent mortgage liens are established, effective on the date when the independent mortgage lien was purchased. The requirements in Article 203 and in Article 224 (1) shall apply for the purposes of this paragraph.
2012/03/09
Committee: ECON
Amendment 937 #
Proposal for a regulation
Article 403 – paragraph 5 – point a
(a) the competent authorities and the national central bank of the host Member States in which there are significant branches of subsidiaries of the parent institution or institutions controlled by the same parent financial holding company;
2012/03/09
Committee: ECON
Amendment 942 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – introductory part
Institutions shall report the following as liquid assets unless excluded by paragraph 2 and only if the liquid assets fulfil the conditions in paragraph 3:
2012/03/09
Committee: ECON
Amendment 966 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d a (new)
(da) other assets that are eligible collateral in normal times for intraday liquidity needs and overnight liquidity facilities of a central bank in a Member State or if the liquid assets are held to meet liquidity outflows in the currency of a third country, of the central bank of that third country.
2012/03/09
Committee: ECON
Amendment 1023 #
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 1
IFor the purposes of points (b) to (d) of paragraph 1, institutions shall only report as liquid assets that fulfil each of the following conditions:
2012/03/09
Committee: ECON
Amendment 1033 #
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 1 – point b
(b) they are eligible collateral in normal times for intraday liquidity needs and overnight liquidity facilities of a central bank in a Member State or if the liquid assets are held to meet liquidity outflows in the currency of a third country, of the central bank of that third country;deleted
2012/03/09
Committee: ECON
Amendment 1051 #
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 2
The condition in point (b) shall not apply in case of liquid assets held to meet liquidity outflows in a currency in which there is an extremely narrow definition of central bank eligibility. In case of liquid assets denominated in currencies of third countries, this exception shall apply and only apply if the competent authorities of the third country apply the same exception and the third country has comparable reporting requirements in placean equivalent exception.
2012/03/09
Committee: ECON
Amendment 1052 #
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 2 a (new)
For the purpose of point (e) of paragraph 1, institutions shall only report the assets that are not issued by the institution itself.
2012/03/09
Committee: ECON
Amendment 1057 #
Proposal for a regulation
Article 404 – paragraph 4 – subparagraph 1
EBA shall develop draft implementing technical standards listing the currencies which meet the conditions referred to inthe second sub-paragraph of the paragraph 3.
2012/03/09
Committee: ECON
Amendment 1058 #
Proposal for a regulation
Article 404 – paragraph 4 – subparagraph 2
EBA shall submit those draft technical standards to the Commission by 1 January 20134.
2012/03/09
Committee: ECON
Amendment 1066 #
Proposal for a regulation
Article 404 – paragraph 5
5. Shares or units in CIUs may be treated as liquid assets up to an absolute amount of 2500 million EUR provided that the requirements in Article 127(3) are met and that the CIU, apart from derivatives to mitigate interest rate or credit risk, only invests in liquid assets as defined in paragraph 1.
2012/03/09
Committee: ECON
Amendment 1071 #
Proposal for a regulation
Article 404 – paragraph 6
6. Where a liquid asset ceases to be eligible for paragraph 1 or shares or units in CIUs cease to be eligible for the treatment set out in paragraph 5, an institution may nevertheless continue to consider it a liquid asset for an additional period of 30 calendar days.
2012/03/09
Committee: ECON
Amendment 1164 #
Proposal for a regulation
Article 410 – paragraph 8 – subparagraph 1 – point d
(d) the institution and the depositor are established in the same Member State unless Article 18(1)(b) applies.deleted
2012/03/09
Committee: ECON
Amendment 1232 #
Proposal for a regulation
Article 413 – paragraph 4 – subparagraph 1 – point c
(c) the institution and the provider shall be established in the same Member State unless Article 18(1)(b) applies.deleted
2012/03/09
Committee: ECON
Amendment 1342 #
Proposal for a regulation
Article 443 – paragraph 1 – introductory part
The Commission shall bEach designated authority in the Mempowered to adopt delegated acts in accordance with Article 445, to impose stricter prudential requirements, for a limited period of time, for all exposures or for exposures to one or more sectors, regions or Member States, where this is necessary to address changes in the intensity of micro- prudential and macro-prudential risks which arise from market developments emerging after the entry into force of this Regulation, in particular upon the recommendation or opinion of the ESRB,ber States, either upon its own initiative or upon recommendation of the ESRB under Regulation (EU) No 1092/2010, shall be empowered to impose on domestically authorised institutions stricter prudential requirements than those provided for in this Regulation where macro-prudential risks are identified as posing a threat to financial stability at national level concerning
2012/03/09
Committee: ECON
Amendment 1380 #
Proposal for a regulation
Article 443 a (new)
Article 443a (new) The designated authorities in the other Member States shall be empowered to: a) recognise these stricter prudential requirements for the purposes of the calculation of prudential requirements by domestically authorised institutions in those other Member States, with reference to activities in the Member State where the risks have been identified, and; b) adopt stricter prudential requirements for the purposes of the calculation of prudential requirements by domestically authorised institutions with reference to activities in the Member State where those institutions were authorised, when macro- prudential risks can affect also the stability of their national financial system. In recognising or adopting the stricter prudential requirements, those other designated authorities shall follow any act the EBA and the ESRB may adopt, under respectively Regulation (EU) No 1093/2010 and Regulation (EU) No 1092/2010. 2. Each designated authority shall notify the adoption or the recognition of the stricter prudential requirements to the Commission, to the EBA and to the ESRB within two working days from the day of their adoption or of their recognition. The stricter prudential requirements shall be published by the designated authorities and by the EBA and the ESRB on their websites. 3. The ESRB may assess the existence of the macro-prudential risks addressed by the stricter prudential requirements adopted by the designated authorities under Paragraph 1, as well as whether they may affect other Member States or the financial system of the European Union as a whole. The ESRB shall conduct the assessment when so requested by the Commission or by at least three Member States. 4. Where it is assessed under paragraph 2 that the macro-prudential risks addressed by the stricter prudential requirements do not exist, the Commission may adopt a decision ordering the relevant Member State to abolish the stricter requirements within the date established in the decision and, in any case, not more than 20 days from the notification of the decision to the relevant Member State; if the relevant Member State does not comply with the decision of the Commission by the established deadline, the Commission may act under Article 258 of the Treaty on the Functioning of the European Union. 5. For the purposes of the application of this Article: 'domestically authorised institution' means the institution provided for in Article 122(4) of Directive (EU) No [COM(2011) 453 final]; 'designated authority' means the authority provided for in Article 126(1) of Directive (EU) No [COM(2011) 453 final]. 6. Nothing in this Article prejudices the tasks and the powers entrusted to the Commission, the EBA and the ESRB under the Treaty and the Regulations already into force.
2012/03/09
Committee: ECON
Amendment 1477 #
Proposal for a regulation
Article 472 – paragraph 2
2. In the calculation of risk weighted exposure amounts for the purposes of Article 109(4), until 31 December 20125 the same risk weight shall be assigned in relation to exposures to the central governments or central banks of Member States denominated and funded in the domestic currency of any Member State as would be applied to such exposures denominated and funded in their domestic currency.
2012/03/09
Committee: ECON
Amendment 1505 #
Proposal for a regulation
Article 480 – paragraph 1
1. By 31 December 2013, the Commission shall review and report on the application of Part One, Title II, and Article 108(6) and 108(7) and shall submit this report to the European Parliament and the Council, and, if appropriate, a legislative proposal.deleted
2012/03/09
Committee: ECON