10 Amendments of Petr JEŽEK related to 2016/0364(COD)
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 1
Article 21b – paragraph 1
1. Subject to paragraph 1a, Member States shall require that two or more institutions in the Union, which are part of the same third country group, have an intermediate EU parent undertaking that is established in the Union.
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 1 a (new)
Article 21b – paragraph 1 a (new)
1 a. Competent authorities may allow the institutions referred to in paragraph 1 to have two intermediate EU parent undertakings where the competent authorities is certain that a single intermediate EU parent undertaking would be incompatible with a mandatory requirement for separation of activities in accordance with the rules of the third country where the ultimate parent undertaking of the third country group has its head office or where it will facilitate the effective resolution of the institution.
Amendment 122 #
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 holdingAn intermediate parent undertaking shall be a credit institution authorized in accordance with Article 8, or a financial holding company or mixed financial holding company in accordance with Article 21a. By way of derogation from the first subparagraph, where none of the institutions referred to in paragraph 1 is a credit institution 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 mixethe second financial holding company in accordance with Article 21atermediate EU parent company, respectively, may be an investment firm authorised in accordance with Article 5(1) of Directive 2014/65/EU.
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 3
Article 21b – paragraph 3
3. Paragraphs 1, 1a and 2 shall not apply where the total value of assets in the Union of the third country group is lower than EUR 350 billion, unless the third country group is a non-EU G-SII.
Amendment 135 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 4 – introductory part
Article 21b – paragraph 4 – introductory part
4. For the purposes of this Article, the total value of assets in the Union of the third country group shall includebe the sum of the following:
Amendment 136 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 4 – point a
Article 21b – paragraph 4 – point a
(a) the amount of total assets of each institution in the Union of the third country group, as resulting from their consolidated balance sheet or as resulting from their individual balance sheet, where an institution's balance sheet is not consolidated; and
Amendment 137 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 4 – point b
Article 21b – paragraph 4 – point b
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 4 – point b
Article 21b – paragraph 4 – point b
(b) the amount of total assets of each branch of the third country group authorised to operate in the Union in accordance with Article 47.
Amendment 151 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 6 – subparagraph 2
Article 21b – paragraph 6 – subparagraph 2
Competent authorities shall ensure that there is a single intermediate EU parent undertaking for all institutions that areeach institution under their jurisdiction that is part of a third country group meets one of the following conditions: (a) it has an intermediate EU parent undertaking; (b) it is an intermediate EU parent undertaking; (c) it is the only institution in the Union of the third country group; or (d) it is part of the samea third country group. whose total value of assets in the Union is below EUR 30 billion.
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 6 a (new)
Article 21b – paragraph 6 a (new)
6 a. By way of derogation from paragraph 1, groups operating through more than one institution in the Union and with total value of assets exceeding EUR 30 billion on [date of entry into force of this directive] shall have an intermediate EU parent undertaking or, in the case referred to in paragraph 1a, two intermediate EU parent undertakings by [date of application of Directive + three years].".