BETA

Activities of Marco VALLI related to 2016/0364(COD)

Shadow reports (1)

REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/36/EU as regards exempted entities, financial holding companies, mixed financial holding companies, remuneration, supervisory measures and powers and capital conservation measures PDF (862 KB) DOC (166 KB)
2016/11/22
Committee: ECON
Dossiers: 2016/0364(COD)
Documents: PDF(862 KB) DOC(166 KB)

Amendments (11)

Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Directive 2013/36/EU
Article 84 a (new)
The following Article 84a is added: ´Article 84a Climate-related risks 1. The competent authorities shall ensure that policies and processes for the identification, measurement and management of all material sources and effects of climate-specific risks are implemented. 2. For the purposes of paragraph 1, the institution shall identify the following: a) the risks to which the institution is exposed in the short, medium and long terms; b) a description of significant concentrations of credit exposures involving carbon-related assets, if these exposures are material. This should include a forward-looking climate scenario analysis assessing how the portfolio aligns with the Paris Agreement’ objective of limiting global warming well below 2°C, as recommended by the TCFD; c) a description of the impact of the climate-related risks on the institution’s business, strategy and financial planning, if these risks are material and financial; d) a description of the processes which the institution uses to identify, assess and manage climate-related risks; e) the parameters and metrics which the institution used to assess the impact of short-, medium- and long-term climate- related risks on lending and financial intermediary transactions, if these risks are material. 3. The EBA shall issue guidelines to specify: a) what is meant by a short-term, a medium-term and a long-term time frame; b) what is meant by specific climate- related problems which may arise in the short, medium or long term and which could have a material, financial impact on the institution; c) what is meant by physical risks and transition risks; d) what is meant by the processes used to determine which risks could have a material, financial impact on the institution; e) what is meant by a green exposure based on the carbon footprint methodology defined by the Commission following article 501da (new) of Regulation (EU) No 575/2013; f) what is meant by a brown exposure based on the carbon footprint methodology defined by the Commission following article 501db (new) of Regulation (EU) No 575/2013; g) what is meant by forward-looking climate scenario analysis at portfolio level. The EBA shall publish these guidelines by ... [two years after the entry into force of this Directive]. 4. The EBA should conduct forward- looking climate scenario analysis on the portfolios of regulated entities to assess climate related risks and climate alignment of lending portfolios at EU market level. It should coordinate with other ESAs and the Commission to harmonise such climate scenario analysis.’
2018/02/02
Committee: ECON
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b
Directive 2013/36/EU
Article 92 – paragraph 2 – introductory phrase
Competent authorities shall ensure that, when establishing and applying the total remuneration policies, inclusive of salaries and discretionary pension benefits, for categories of staff including senior management, risk takers, staff engaged in control functions and any employee receiving total remuneration that takes them into the same remuneration bracket as senior management and risk takers, whose professional activities have a material impact on their risk profile, institutions comply with the following principles in a manner that is appropriate to their size, internal organisation and the nature, scope and complexity of their activities., as referred to Article 94 paragraph 3.
2018/02/02
Committee: ECON
Amendment 210 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b a (new)
Directive 2013/36/EU
Article 92 – paragraph 2 – point c a (new)
(ba) In paragraph 2, the following point ca is inserted: (ca) Competent authorities shall ensure that the maximum pay ratio between the highest total remuneration in the institution and the average annual remuneration of all the employees with the exception of board does not exceed 20 times.
2018/02/02
Committee: ECON
Amendment 283 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104a – paragraph 1 – introductory part
Competent authorities shall impose the additional own funds requirement referred to in Article 104(1)(a) only where, on the basis of the reviews carried out in accordance with Articles 97 and 101, they ascertain any of the following situations for an individual institution:
2018/02/02
Committee: ECON
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104a – paragraph 1 – point b
(b) the institution does not meet the requirements set out in Articles 73 and 74 of this Directive or in Article 393 of Regulation (EU) No 575/2013 and the sole application of other administrative measures is unlikely to sufficiently improve the arrangements, processes, mechanisms and strategieit is unlikely that other supervisory measures would be sufficient to ensure compliance with those requirements within an appropriate timeframe;
2018/02/02
Committee: ECON
Amendment 290 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104a – paragraph 1 – subparagraph 2
The competent authorities shall not impose the additional own funds requirement referred to in Article 104(1)(a) to cover macroprudential or systemic risksystemic risks arising from exposure to illiquid financial assets.
2018/02/02
Committee: ECON
Amendment 295 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104a – paragraph 2 – subparagraph 2
For the purposes of the first subparagraph, the capital considered adequate shall cover all material financial risks or elements of such risks that are not subject to a specific own funds requirement. This may include rcovered or not adequately covered by the own funds requirements set out in Parts Three, Four, Five, Six and Seven of Regulation (EU) No 575/2013. Risks or elements of such risks tshat are explicitly excluded from the own fundsll not be regarded as being adequately covered by own funds requirement of Regulation (EU) No 575/2013, where those risks arise from large exposures to complex and highly illiquid financial assets which have probably been underestimated, due to their difficult valuation and the use of internal model, even though the applicable requirements set out in Parts Three, Four, Five, Six and Seven of Regulation (EU) No 575/2013 have been met.
2018/02/02
Committee: ECON
Amendment 309 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104a – paragraph 6
6. EBA shall develop draft regulatory technical standards specifying how the risks and elements of risks referred to in paragraph 2 shall be measured. EBA shall ensure that the draft regulatory technical standards are proportionate in light of: (a) institutions and competent authorities; and (b) higher level of capital requirements that apply where institutions do not use internal models may justifydeleted the implementation burden on the imposition of lower capital requirements when assessing risks and elements of risks in accordance with paragraph 2. EBA shall submit those draft regulatory technical standards to the Commission by [one year after entry into force]. Power is conferred on the Commission to adopt the regulatory technical standards referred to in paragraph 6 in accordance with Articles 10-14 of Regulation (EU) No 1093/2010.sibility that the general
2018/02/02
Committee: ECON
Amendment 401 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2013/36/EU
Article 141 – paragraph 1 – point d
(d) Article 92a of Regulation (EU) No 575/2013 and in Articles 45c and 45d of Directive 2014/59/EU.deleted
2018/02/02
Committee: ECON
Amendment 405 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2013/36/EU
Article 141a – paragraph 2
2. By way of derogation from paragraph 1, an institution shall not be considered as failing to meet the combined buffer requirement for the purposes of Article 141 where all the following conditions are met: (a) the institution meets the combined buffer requirement defined in Article 128(6) and each of the requirements referred to in points (a), (b) and (c) of paragraph 1; (b) requirements referred to in point (d) of paragraph 1 is exclusively due to the inability of the institution to replace liabilities that no longer meet the eligibility or maturity criteria laid down in Articles 72b and 72c of Regulation (EU) No 575/2013; (c) the failure to meet the requirements referred to in point (d) of paragraph 1 does not last longer than 6 months..deleted the failure to meet the
2018/02/02
Committee: ECON
Amendment 418 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2013/36/EU
Article 141a – paragraph 2 a (new)
2 a. An institution that does not have own funds and eligible liabilities in a an amount and of the quality needed to meet at the same time the requirement defined in article 128.6 (b) and (c) and each of the requirements in Article 92a of Regulation (EU) No 575/2013 and in Articles 45c and 45d of Directive 2014/59/EU, but which meets each of the requirement of paragraph 1 above, shall be considered as facing a substantive impediment to resolvability. The institution shall therefore propose to the competent authorities possible measures to address or remove the substantive impediments in accordance with the procedure set out in Article 17(3) of Directive 2014/59/EU. The competent authorities shall assess these measures before to adopt the measures referred in article 45 (k) of Directive 2014/59/EU.
2018/02/02
Committee: ECON