16 Amendments of Alain LAMASSOURE related to 2016/0364(COD)
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 2
Article 21b – paragraph 2
2. Member States shall require an intermediate EU parent undertaking in the Union to obtain authorisation as an institution in accordance with Article 8, or as a financial holding company or mixed financial holding company in accordance with Article 21aAn intermediate EU parent undertaking shall be a credit institution in accordance with Article 8, or a financial holding company or mixed financial holding company approved in accordance with Article 21a. By way of derogation from the first subparagraph, where the activities of the third country group are predominantly carried out by investment firms, or the second intermediate EU parent undertaking must be set up in connection with investment activities to comply with a mandatory requirement as referred to in paragraph 1a, the intermediate EU parent company or the second intermediate EU parent company, respectively, may be an investment firm authorised in accordance with Article 5(1) of Directive 2014/65/EU. For the purpose of this paragraph, an activity shall be considered as predominantly carried out by investment firms where the total balance sheet of investment firms in the group represents at least 50% of the group’s total balance sheet, or where the income generated by investment firms represents at least 50% of the group’s total income.
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2013/36/EU
Article 84 – paragraph 2
Article 84 – paragraph 2
2. Competent authorities shall ensure that institutions implement systems to assess and monitor the risks arising from potential changes in credit spreads that affect both the economic value of equity and the net interest income of an institution's non-trading book activitiesre not explained by interest rate risk or by the expected credit-jump to default risk of an institution's non-trading book activities assets accounted for their market values (mark –to – market).
Amendment 179 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2013/36/EU
Article 84 – paragraph 3
Article 84 – paragraph 3
3. Competent authorities may require on a case by case basis an institutions to use the standardised methodology referred to in paragraph 1 where the internal systems implemented by theat institutions for the purposes of evaluating the risks referred to in paragraph 1 are not satisfactory. Competent authorities shall duly justify in writing to each institution the decision to require the use of the standardised methodology.
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2013/36/EU
Article 84 – paragraph 3
Article 84 – paragraph 3
3. Competent authorities may require institutions to use the standardised methodology referred to in paragraph 1 as a fall-back where the internal systemmodels implemented by the institutions for the purposes of evaluating the risks referred to in paragraph 1 are not satisfactorydeficient, based on an individual assessment of the institutions measurement models.
Amendment 250 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
Article 98 – paragraph 5
Article 98 – paragraph 5
5. The review and evaluation performed by competent authorities shall include the exposure of institutions to the interest rate risk arising from non-trading book activities. Supervisory measurGreater attention from competent authorities shall be required at least in the case of institutions whose economic value of equity referred to in Article 84(1) declines by more than 15 % of their Tier 1 capital as a result of a sudden and unexpected change in interest rates as set out in any of six supervisory shock scenarios applied to interest rates..
Amendment 254 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
Article 98 – paragraph 5
Article 98 – paragraph 5
5. The review and evaluation performed by competent authorities shall include the exposure of institutions to the interest rate risk arising from non-trading book activities. Supervisory measures shallmay be required at least in the case of institutions whose economic value of equity referred to in Article 84(1) declines by more than 15 % of their Tier 1 capital as a result of a sudden and unexpected change in interest rates as set out in any of six supervisory shock scenarios applied to interest rates..
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
Directive 2013/36/EU
Article 98 – paragraph 5a – point a
Article 98 – paragraph 5a – point a
(a) six supervisory shock scenarios, including two parallel scenarios, to be applied to interest rates for every currency; significant currency; these scenarios should be set at a level reflective of the 15% of Tier 1 capital threshold referred to in paragraph 5.
Amendment 259 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
Directive 2013/36/EU
Article 98 – paragraph 5a – point c
Article 98 – paragraph 5a – point c
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104a – paragraph 2 – subparagraph 1
Article 104a – paragraph 2 – subparagraph 1
For the purposes of paragraph 1(a), risks or elements of risk shall only be considered as not covered or not sufficiently covered by the own funds requirements set out in Parts Three, Four, Five and Seven of Regulation (EU) No 575/2013 where the amounts, types and distribution of capital considered adequate by the competent authority following the supervisory review of the assessment carried out by institutions in accordance with the first paragraph of Article 73, are higher than the institution's own funds requirements set out in Parts Three, Four, Five and Seven of Regulation (EU) No 575/2013.
Amendment 296 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104a – paragraph 2 – subparagraph 2
Article 104a – paragraph 2 – subparagraph 2
For the purposes of the first subparagraph, the capital considered adequate shall cover all material risks or elements of such risks that are not subject to a specific own funds requirement. This may include risks or elements of risks that are explicitly excluded from the own funds requirements set out in Parts Three, Four, Five and Seven of Regulation (EU) No 575/2013.
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
For the purposes of the first subparagraph, the capital considered adequate shall cover all material risks of loss or elements of such risks of loss that are not subject to a specific own funds requirement. This may include risks or elements of risks that are explicitly excluded from the own funds requirements set out in Parts Three, Four, Five and Seven of Regulation (EU) No 575/2013.
Amendment 299 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104a – paragraph 2 – subparagraph 3
Article 104a – paragraph 2 – subparagraph 3
Amendment 315 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104b – paragraph 3
Article 104b – paragraph 3
3. Competent authorities shall communicate to institutions the outcome of the review provided for in paragraph 2. Where appropriate, competent authorities may communicate to institutions any expectation for adjustments to the level of own funds established in accordance with paragraph 1 and on top of the combined buffers. Due to the nature of the guidance of additional own funds, this guidance shall remain confidential.
Amendment 320 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Amendment 326 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104b – paragraph 5 a (new)
Article 104b – paragraph 5 a (new)
5 a. The guidance on additional own funds under Article 104b shall not be subject to mandatory disclosure pursuant to Article 17-1 of the Regulation (EU) N°596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse.
Amendment 346 #
Proposal for a directive
Article 1 – paragraph 1 – point 30 a (new)
Article 1 – paragraph 1 – point 30 a (new)
Directive 2013/36/EU
Article 131 – paragraphs 2 and 3
Article 131 – paragraphs 2 and 3
(30 a) In Article 131, paragraphs 2 and 3 are replaced by the following: "2. The identification methodology for G-SIIs shall be based on the following categories: (a) size of the group; (b) interconnectedness of the group with the financial system; (c) substitutability of the services or of the financial infrastructure provided by the group; (d) complexity of the group; (e) cross-border activity of the group, including cross border activity between Member States and between a Member State and a third country. Each category shall receive an equal weighting and shall consist of quantifiabl made outside of Member States participating in the Sindicators. The methodology shall produce an overall score for each entity as referred to in paragraph 1 assessed, which allows G- SIIs to be identified and allocated into a sub-category as described in paragraph 9gle Supervisory Mechanism, in accordance with Council Regulation (EU) No 1024/2013. Each category shall receive an equal weighting and shall consist of quantifiable indicators. The methodology shall produce an overall score for each entity as referred to in paragraph 1 assessed, which allows G-SIIs to be identified and allocated into a sub- category as described in paragraph 9. 3. O-SIIs shall be identified in accordance with paragraph 1. Systemic importance shall be assessed on the basis of at least any of the following criteria: (a) size; (b) importance for the economy of the Union or of the relevant Member State; (c) significance of cross-border activities; made outside of Member States participating in the Single Supervisory Mechanism, in accordance with Council Regulation (EU) No 1024/2013. (d) interconnectedness of the institution or group with the financial system. EBA, after consulting the ESRB, shall publish updated guidelines by 1 January 2015XX on the criteria to determine the conditions of application of this paragraph in relation to the assessment of O-SIIs. Those guidelines shall take into account international frameworks for domestic systemically important institutions and Union and national specificities. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX:32013L0036&qid=1516919265977)