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8 Amendments of Barbara KAPPEL related to 2016/0364(COD)

Amendment 252 #
Barbara KAPPEL
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
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 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 20% 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..
2018/02/02
Committee: ECON
Amendment 306 #
Barbara KAPPEL
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 327 #
Barbara KAPPEL
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104c – paragraph 1
1. Competent authorities shall consulinform the relevant resolution authorities prior to determining anyabout the additional own funds requirement referred to in Article 104(1)(a) and prior to communicating to institutionss imposed on institutions pursuant to article 104(1)(a) and about any expectation for the adjustments to the levels of own funds in accordance with Article 104b. For these purposes, competent authorities shall provide resolution authorities with all available informationcommunicated to institutions in accordance with article 104b.
2018/02/02
Committee: ECON
Amendment 395 #
Barbara KAPPEL
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2013/36/EU
Article 141a
(32) The following Article 141a is inserted: ‘ Article 141a Failure to meet the combined buffer requirement 1. as failing to meet the combined buffer requirement for the purposes of Article 141 where it does not have own funds and eligible liabilities in an amount and of the quality needed to meet at the same time the requirement defined in Article 128(6) and each of the following requirements in: (a) (EU) No 575/2013 and the requirement ideleted An institution shall be considered Article 92(1)(a) of Regulation Article 10492(1)(ab) of this Directive; (b) (EU) No 575/2013 and the requirement iRegulation Article 10492(1)(ac) of this Directive; (c) (EU) No 575/2013 and the requirement in Article 104(1)(a) of this Directive; (d) 575/2013 and in Articles 45c and 45d of Directive 2014/59/EU. 2. 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) 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.. ’Regulation Article 92a of Regulation (EU) No By way of derogation from the institution meets the combined the failure to meet the
2018/02/02
Committee: ECON
Amendment 409 #
Barbara KAPPEL
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2013/36/EU
Article 141a – paragraph 2 – introductory part
2. By way of derogation from paragraph 1,An institution that does not have own funds and eligible liabilities in 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(1)(a) of Regulation (EU) No 575/2013 and institution shall not Articles 45c(3)(a), 45c(4)(a)and 45d(1)(b) of Directive 2014/59/EU when the potential additional requirement referred to in this Article is calculated in accordance with Articles 45c(3)(a)and 45c(4)(a) of Directive 2014/59/EU, but which meets each of the requirements of paragraph 1 above, shall be considered as failcing to meet the combined buffer requirement for the purposes of Article 141 wa substantive impediment to resolvability as mentioned in Article 17 (3) of Directive 2014/59/EU. It shall propose, as described in Article 17 (3) of Directive 2014/59/EU, possible measures to ensure compliance. The re all the following conditions are met: levant authorities shall examine these measures and consult with each other, and may make use of the powers referred to in Article45 (k) of Directive 2014/59/EU.
2018/02/02
Committee: ECON
Amendment 410 #
Barbara KAPPEL
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2013/36/EU
Article 141a – paragraph 2 – point a
(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;deleted
2018/02/02
Committee: ECON
Amendment 412 #
Barbara KAPPEL
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2013/36/EU
Article 141a – paragraph 2 – point b
(b) the failure to meet the 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;deleted
2018/02/02
Committee: ECON
Amendment 417 #
Barbara KAPPEL
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2013/36/EU
Article 141a – paragraph 2 – point c
(c) the failure to meet the requirements referred to in point (d) of paragraph 1 does not last longer than 6 months..deleted
2018/02/02
Committee: ECON
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