10 Amendments of Luigi MORGANO related to 2018/0063(COD)
Amendment 252 #
Proposal for a directive
Recital 32
Recital 32
(32) As part of the Council's Action Plan, credit institutions' data infrastructure would be strengthened by having uniform and standardised data for non-performing credit agreements. The European Banking Authority has developed data templates that provide information about credit exposures in the banking book and allow potential buyers to evaluate the value of the credit agreements and carry out their due diligence. AOn the one hand, applying such templates to credit agreements would reduce information asymmetries between potential buyers and sellers of credit agreements and, thus, contribute to the development of a functioning secondary market in the Union. The EBA should therefore develop the data; on the other hand, where such templates are excessively detailed and time-consuming to complete, they might hamper the quality of the data or divert resources away from other tasks and, thus, fail in providing the kind of reliable information on which a well- functioning secondary market would thrive. The EBA should therefore undergo a thorough review of the data templates, including a public consultation of stakeholders and national competent authorities lasting no less than four months, with a view to further developing the templates into workable implementing technical standards andthat credit institutions shwould use those standards in order to facilitate the valuation of credit agreements for sale.
Amendment 290 #
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) 'credit purchaser' means any natural or legal person other than a credit institution or a subsidiary of a credit institution which purchases a, which purchases creditor's rights under a non-performing credit agreement or the non-performing credit agreement itself in the course of his trade, business or profession, in accordance with applicable Union and national law;
Amendment 375 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that a creditor shall provide all necessary information to a credit purchasers the credit purchaser with the necessary information regarding the creditor’s rights under a non-performing credit agreement or the non-performing credit agreement itself, and, if applicable, the collateral, so as to enable thate credit purchaser assess the value of the credit agreementto conduct its own assessment of the value and the likelihood of recovery of the value of thae creditor’s rights under the non-performing credit agreement or the non-performing credit agreement itself, prior to entering into a contract for the transfer of that credit agreementor’s rights under a non-performring agreement or the non- performing agreement itself, while ensuring the protection of information made available by the creditor and the confidentiality of business data.
Amendment 377 #
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
Amendment 385 #
Proposal for a directive
Article 14 – paragraph -1 (new)
Article 14 – paragraph -1 (new)
-1. EBA shall undergo, within twelve months from the entry into force of this Directive, a through review, including a public consultation, of the workings of its existing data templates.
Amendment 389 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Following the review conducted as per [paragraph -1] of this Article, EBA shall develop draft implementing technical standards that specify the formats to be used by creditors who are credit institutions for the provision of information as set out in Article 13(1), in order to provide detailed information on their credit exposures in the banking book to credit purchasers for the screening, financial due diligence and valuation of the credit agreementor’s rights under a non-performing credit agreement or of the non-performing credit agreement itself. EBA shall specify in the implementing technical standards the minimum required data fields for creditor’s rights under a non-performing credit agreement or for the non- performing credit agreement itself in order to meet the information requirements as set out in Article 13(1).
Amendment 393 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. EBA shall submit those draft implementing technical standards to the Commission by [31 December 2018]24 months from the entry into force of the Directive.
Amendment 406 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. Member States shall ensure that, in the event of the purchase of creditors' rights under a non-performing credit agreement or of the credit agreement itself, only authorised credit purchasers be able to grant new finance to customers.
Amendment 444 #
Proposal for a directive
Article 22 – paragraph 1 – point g a (new)
Article 22 – paragraph 1 – point g a (new)
(g a) the credit institution transferring creditor's rights under a non-performing credit agreement or the non-performing credit agreement itself fails, within three months of the transfer, to communicate the information set out in the national measures transposing Article 13 of this Directive;
Amendment 453 #
Proposal for a directive
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7 a. Member States and competent authorities shall ensure that information on administrative penalties and remedial measures imposed in accordance to paragraph 6 of this Article be available to creditors.