21 Amendments of Pedro SILVA PEREIRA related to 2018/0060(COD)
Amendment 78 #
Proposal for a regulation
Recital 6
Recital 6
(6) For the purposes of applying the backstop, it is appropriate to introduce in Regulation (EU) No 575/2013 a clear set of conditions for the classification of NPEs. As Commission Implementing Regulation (EU) No 680/2014 already lays down criteria concerning NPEs for the purposes of supervisory reporting, it is appropriate that the classification of NPEs builds on that existing framework and in particular on the Basel Committee Guidelines on prudential treatment of problem assets, thus ensuring a level playing field between the European Union and other jurisdictions. Commission Implementing Regulation (EU) No 680/2014 refers to defaulted exposures as defined for the purposes of calculating own funds requirements for credit risk and exposures impaired pursuant to the applicable accounting framework. As forbearance measures may influence whether an exposure is classified as non- performing, the classification criteria are complemented by clear criteria on the impact of forbearance measures. Forbearance measures may have different justifications and consequences, it is therefore appropriate to provide that a forbearance measure granted to a non- performing exposure should not discontinue the classification of that exposure as non- performing unless certain strict discontinuation criteria are fulfilled.
Amendment 89 #
Proposal for a regulation
Recital 8
Recital 8
(8) Secured NPEs generally entail less risk than unsecured NPEs, as the credit protection securing the loan gives the institution a specific claim on an asset or against a third party in addition to the institution's general claim against the defaulted borrower. Specifically in the case where there is a recent independent valuation of the collateral, which takes into account, among other factors, its recoverability and enforceability, no additional provisions would be required. In the case of an unsecured loan, only the general claim against the defaulted borrower would be available. Given the higher risk of unsecured loans, a stricter calendar should be applied. An exposure which is only partly covered by collateral should be considered as secured for the covered part, and as unsecured for the part which is not covered by collateral.
Amendment 102 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) The backstop is a safeguard at the institution level intended to set prudential minimum provisioning requirements for non-performing exposures. As such, the prudential backstop should be applied on an aggregated level. This aggregation should not surpass the individual institution level and there should not be any netting between different institutions from the same banking group.
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47a – paragraph 6 – point b
Article 47a – paragraph 6 – point b
(b) at least one yearthree months hasve passed since the latest between the moment where the forbearance measures have been granted and the moment where exposures have been classified as non-performing. In exceptional circumstances, and subject to prior agreement from supervisors, a shortened period may be used when a bank puts in place specific remedial measures to restructure the borrowers’ business, that include a direct participation in the borrower, that are immediately applicable and make the full repayment of the exposure likely;
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47a – paragraph 7 – point a
Article 47a – paragraph 7 – point a
(a) at least twoone years haves passed since the date the forborne exposure was re- classified as performing;
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47a – paragraph 7a (new)
Article 47a – paragraph 7a (new)
7 a. EBA shall develop draft regulatory technical standards to specify the conditions related to the application of of the definition of non-performing exposures. EBA shall submit those draft regulatory technical standards to the Commission by [insert: date of entry into force + 6 months]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first sub-paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47b – paragraph 1 – introductory part
Article 47b – paragraph 1 – introductory part
1. For the purposes of Article 47a, 'forbearance measure' shall include a concession by an institution towards an obligor that is experiencing or is likely to experience a deterioration infinancial difficulty in meeting its financial situationcommitments. A concession may entail a loss for the lender and shall refer to either of the following actions:
Amendment 197 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 1 – subparagraph 2
Article 47c – paragraph 1 – subparagraph 2
The secured part of a non-performing exposure is the part of such exposure which is covered by a funded credit protection or unfunded credit protection in accordance with Chapters 3 and 4 of Title IIthe provisions of Part Three of Title II or part of an exposure fully secured by mortgages.
Amendment 213 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 2 – point b
Article 47c – paragraph 2 – point b
Amendment 229 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 2 – point d
Article 47c – paragraph 2 – point d
Amendment 240 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c– paragraph 3 – point b
Article 47c– paragraph 3 – point b
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 3 – point d
Article 47c – paragraph 3 – point d
Amendment 270 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 3 – point f
Article 47c – paragraph 3 – point f
Amendment 283 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 3 – point h
Article 47c – paragraph 3 – point h
Amendment 296 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47 c – paragraph 3 – point j
Article 47 c – paragraph 3 – point j
Amendment 310 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 3 – point l
Article 47c – paragraph 3 – point l
Amendment 324 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 3 – point n
Article 47c – paragraph 3 – point n
Amendment 338 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47 c – paragraph 3 – point p
Article 47 c – paragraph 3 – point p
Amendment 354 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 3 a (new)
Article 47c – paragraph 3 a (new)
3 a. The factors foreseen under this paragraph shall not apply when the collateral has been appraised within the last year by an entity independent from both credit institution and the debtor, and that appraisal took into account the probability of recovery of the collateral.
Amendment 363 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 5 – subparagraph 1
Article 47c – paragraph 5 – subparagraph 1
EBA shall assess the range of practices applied for the valuation of secured non- performing exposures anddevelop guidelines on the methodology to calculate the secured part of such exposures fot the purposes of this Article by [date of entry into force + 12 months]. Additionally, EBA may develop guidelines to specify a common methodology, including possible minimum requirements for re-valuation in terms of timing and ad hoc methods, for the prudential valuation of eligible forms of funded and unfunded credit protection, in particular regarding assumptions pertaining to their recoverability and enforceability.
Amendment 381 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Review Four years after the entry into force of this Regulation, the Commission, taking intoaccount a report by EBA, shall review the adequacy of the definitions foreseenunder articles 47a and 47b of Regulation (EU) No 575/2013 and the adequacy andeffectiveness of rules on deductions for non performing exposures foreseenunder article 47c of Regulation (EU) No 575/2013.