BETA

38 Amendments of Salvador GARRIGA POLLEDO related to 2011/0202(COD)

Amendment 266 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. The competent authorities shallmay waive in full or in part the application of Article 401 to a parent institution and to all or some of its subsidiaries in the European Union and supervise them as a single liquidity sub- group so long as they fulfil all of the following conditions:
2012/03/07
Committee: ECON
Amendment 424 #
Proposal for a regulation
Article 34 – paragraph 1 – point b a (new)
(ba) the amount to be deducted shall be reduced by the amount of software classified as intangible assets under the relevant accounting standards.
2012/03/07
Committee: ECON
Amendment 426 #
Proposal for a regulation
Article 35 – paragraph 5 a (new)
5a. The amount of Deferred tax assets that derive from a countercyclical provisioning accounting system will not require deduction in accordance with this article.
2012/03/07
Committee: ECON
Amendment 540 #
Proposal for a regulation
Article 80 – paragraph 1 – point a – introductory part
(a) the amount of Tier 1 capital of the subsidiary minus the lower of the following:
2012/03/08
Committee: ECON
Amendment 556 #
Proposal for a regulation
Article 82 – paragraph 1 – point a – introductory part
(a) the own Funds of the subsidiary minus the lower of the following:
2012/03/08
Committee: ECON
Amendment 917 #
Proposal for a regulation
Article 400 – paragraph 1 – point 2
(2) 'Retail deposit' means a liability to a natural person or to a small and medium sized enterprise where the aggregate liability to such clients or group of connected clients is less than 1 million EUR.as defined by the IRB approach in the capital framework
2012/03/09
Committee: ECON
Amendment 968 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d a (new)
(da) assets that are eligible for Central Banks' pledging, subject to the haircut applied by the Central Bank.
2012/03/09
Committee: ECON
Amendment 1073 #
Proposal for a regulation
Article 405 – paragraph 1 – introductory part
The institution shall only report as liquid assets those holdings of liquid assets that meet the following conditions:test on a regular basis the conditions that follow, providing disclosure to Supervisory Authorities with outcomes of controls performed, in order to allow Supervisory Authorities to assess if specific haircuts should be applied;
2012/03/09
Committee: ECON
Amendment 1074 #
Proposal for a regulation
Article 405 – paragraph 1 – point a
(a) they are appropriately diversifideleted;
2012/03/09
Committee: ECON
Amendment 1078 #
Proposal for a regulation
Article 405 – paragraph 1 – point b
(b) not less than 60% of the liquid assets that the institution reports are assets referred to under points (a) to (c) of Article 404(1). Such assets owed and due or callable within 30 calendar days shall not count towards the 60% unless the assets have been obtained against collateral that also qualifies under points (a) to (c) of Article 404(1);deleted
2012/03/09
Committee: ECON
Amendment 1083 #
Proposal for a regulation
Article 405 – paragraph 1 – point c
(c) they are legally and practically readily available at any time during the next 30 days to be liquidated via outright sale or repurchase agreements in order to meet obligations coming due. Liquid assets referred to in point (c) of Article 404 which are held in third countries where there are transfer restrictions or which are denominated in non-convertible currencies shall be considered available only to the extent that they correspond to outflows in the third country or currency in question; unless the Institution can demonstrate to the Competent Authorities that it has appropriately hedged the ensuing currency risk.
2012/03/09
Committee: ECON
Amendment 1084 #
Proposal for a regulation
Article 405 – paragraph 1 – point d
(d) the liquid assets are controlled by a liquidity management function; or are subject to appropriate internal arrangements that ensure that they are readily available to the treasury function in case of a crisis.
2012/03/09
Committee: ECON
Amendment 1085 #
Proposal for a regulation
Article 405 – paragraph 1 – point e
(e) a portion of the liquid assets is periodically and at least annually liquidated via outright sale or repurchase agreements for the following purposes: (i) to test the access to the market for these assets, (ii) to test the effectiveness of its processes for the liquidation of assets (iii) to test the usability of the assets, (iv) to minimise the risk of negative signalling during a period of stress;deleted
2012/03/09
Committee: ECON
Amendment 1091 #
Proposal for a regulation
Article 405 – paragraph 1 – point f – introductory part
(f) price risks associated with the assets may be hedged but the liquid assets are subject to appropriate internal arrangements that ensure that they will not be used in other ongoing operations, including: (i) hedging or oare readily available to ther trading strategies; (ii) providing credit enhancements in structured transactions; (iii) to cover operational costeasury function in case of a crisis.
2012/03/09
Committee: ECON
Amendment 1095 #
Proposal for a regulation
Article 405 – paragraph 1 – point g
(g) the denomination of the liquid assets is consistent with the distribution by currency of liquidity outflows after the deduction of capped inflows.
2012/03/09
Committee: ECON
Amendment 1103 #
Proposal for a regulation
Article 408 – paragraph 1 – point b
(b) the percentages of the current amounts outstanding of other liabilities that come due, can be called for payout or entail an imexplicit expectation of the provider of the funding that the institution would repay the liability during the next 30 daysmonth rolling as set out in Article 410;
2012/03/09
Committee: ECON
Amendment 1105 #
Proposal for a regulation
Article 408 – paragraph 1 – point d
(d) the percentage of the maximum amount that can be drawn during the next 30 days from undrawn committed credit and liquidity facilities that qualify as medium or medium to low risk under Annex I, as set out in Article 412;
2012/03/09
Committee: ECON
Amendment 1114 #
Proposal for a regulation
Article 409 – paragraph 1 – introductory part
1. Institutions shall multiply the amount of retail deposits that are covered by a Deposit Guarantee Scheme according to Directive 94/19/EG or an equivalent deposit guarantee scheme in a third country by at least 5% where the deposit is either
2012/03/09
Committee: ECON
Amendment 1116 #
Proposal for a regulation
Article 409 – paragraph 4
4. Notwithstanding what is specified under Article 409 (1) and (2), Institutions shall multiply retail deposits that they have taken in third countries by a higher percentage than provided for in paragraphs 1 and 2 if such percentage is provided by comparable third country reporting requirements.
2012/03/09
Committee: ECON
Amendment 1121 #
Proposal for a regulation
Article 410 – paragraph 2 – point a
(a) 0% up to the value of the liquid assets according to Article 406;the applicable haircut as specified in Article 406 for liquid assets
2012/03/09
Committee: ECON
Amendment 1128 #
Proposal for a regulation
Article 410 – paragraph 3
3. Institutions shall multiply liabilities resulting from secured lending and capital market driven transactions as defined in Article 188 by 25% if the assets would not qualify as liquid assets according to Article 404 and the lender is the central bank or another public sector entity of the Member State in which the credit institution was authorised.
2012/03/09
Committee: ECON
Amendment 1136 #
Proposal for a regulation
Article 410 – paragraph 4 – subparagraph – point b a (new)
(ba) by the depositor in the context of an established operational relationship other than that mentioned under point (a);
2012/03/09
Committee: ECON
Amendment 1139 #
Proposal for a regulation
Article 410 – paragraph 4 – subparagraph 3
Clearing, custody or cash management services referred to in point (a) only covers such services to the extent that they are rendered in the context of an established relationship on which the depositor has substantial dependency. They shall not merely consist in correspondent banking or prime brokerage services and the institution shall have objective evidence that the client is unable to withdraw those amounts over a 30 day horizon without compromising its operational functioning.Pending a uniform definition of "established relationship", institutions shall identify themselves the criteria to qualify for "established relationship". Competent authorities may provide general guidance to institutions that they shall follow in identifying deposits with established relationship
2012/03/09
Committee: ECON
Amendment 1150 #
Proposal for a regulation
Article 410 – paragraph 5
5. Institutions shall multiply liabilities resulting from deposits by clients that are not financial customers by 750% to the extent they do not fall under paragraph 4.
2012/03/09
Committee: ECON
Amendment 1154 #
Proposal for a regulation
Article 410 – paragraph 6
6. Institutions shall take payables and receivables expected over the 30 daynext month rolling horizon from the contracts listed in Annex II into account on a net basis across counterparties and shall multiply them by 100% in case of a net amount payable. Net basis shall mean also net of collateral to be received that qualifies as liquid assets under Article 404.
2012/03/09
Committee: ECON
Amendment 1156 #
Proposal for a regulation
Article 410 – paragraph 7 – subparagraph 1 a (new)
All notes, bonds and other debt securities issued by the bank are included in this category regardless of the holder, unless the bond is exclusively in the retail market and held in retail accounts, in which case instruments can be treated in the appropriate retail deposit category.
2012/03/09
Committee: ECON
Amendment 1161 #
Proposal for a regulation
Article 410 – paragraph 8 – subparagraph 1 – point b
(b) there are reasons to expect a lower outflow over the next 30 daysmonth rolling even under combined idiosyncratic and market- wide stress scenario;
2012/03/09
Committee: ECON
Amendment 1163 #
Proposal for a regulation
Article 410 – paragraph 8 – subparagraph 1 – point d
(d) the institution and the depositor are established in the same Member State unless Article 18(1)(b) applies.deleted
2012/03/09
Committee: ECON
Amendment 1190 #
Proposal for a regulation
Article 413 – paragraph 1
1. Institutions shall report their capped liquidity inflows. Capped liquidity inflows shall be the liquidity inflows limited to 75% of liquidity outflows. Institutions may exempt liquidity inflows from deposits placed with other institutions and qualifying for the treatments set out in Article 108(6) or Article 108(7) from this limit.
2012/03/09
Committee: ECON
Amendment 1200 #
Proposal for a regulation
Article 413 – paragraph 2 – introductory part
2. The liquidity inflows shall be measured over the next 30 daysmonth rolling. They shall comprise only contractual inflows from exposures that are not past due and for which the bank has no reason to expect non- performance within the 30-day timenext month rolling horizon. The inflow shall be taken into account in full with the exception of the following:
2012/03/09
Committee: ECON
Amendment 1206 #
Proposal for a regulation
Article 413 – paragraph 2 – point a
(a) monies due from customers that are not financial customers shall be reduced by 50% of their value or by the contractual commitments to those customers to extend funding, whichever is higher. This does not apply to monies due from secured lending and capital market driven transactions as defined in Article 188 that are collateralised by liquid assets according to Article 404;
2012/03/09
Committee: ECON
Amendment 1211 #
Proposal for a regulation
Article 413 – paragraph 2 – point b a (new)
(b a) monies due from secured lending and capital market driven transactions as defined in Article 188 if they are collateralised by assets which do not qualify as liquid assets according to Article 404 but which meet the requirements of Article 404(3)(b), shall be reduced by [50%];
2012/03/09
Committee: ECON
Amendment 1219 #
Proposal for a regulation
Article 413 – paragraph 2 a (new)
2 a. Notwithstanding paragraph 2, monies from assets which do not qualify as liquid assets according to Article 404 but which meet the requirements of Article 404(3)(b) shall be taken as inflow for [50%] of the value of such assets.
2012/03/09
Committee: ECON
Amendment 1221 #
Proposal for a regulation
Article 413 – paragraph 3
3. Payables and receivables expected over the 30 day horizonnext month rolling from the contracts listed in Annex II shall be reflected on a net basis across counterparties and shall be multiplied by 100% of a net amount receivable. Net basis shall mean also net of collateral to be received that qualifies as liquid assets under Article 404.
2012/03/09
Committee: ECON
Amendment 1223 #
Proposal for a regulation
Article 413 – paragraph 4 – subparagraph 1 – introductory part
Competent authorities may grant the permission to apply, by derogation from paragraph 2 point c), a higher inflow on a case by case basis for credit, deposits and liquidity facilities when all of the following conditions are fulfilled:
2012/03/09
Committee: ECON
Amendment 1229 #
Proposal for a regulation
Article 413 – paragraph 4 – subparagraph 1 – point c
(c) the institution and the provider shall be established in the same member State unless Article 18(1)(b) applies.deleted
2012/03/09
Committee: ECON
Amendment 1231 #
Proposal for a regulation
Article 413 – paragraph 4 – subparagraph 1 – point c
(c) the institution and the provider shall be established in the same Member State unless Article 18(1)(b) applies.deleted
2012/03/09
Committee: ECON
Amendment 1387 #
Proposal for a regulation
Article 444
Liquidity 1. The Commission shall be empowered to adopt a delegated act in accordance with Article 445 to specify in detail the general requirement set out in Article 401. Such specification shall be based on the items to be reported according to Part Six, Title II. The delegated act shall also specify under which circumstances competent authorities have to impose specific in- and outflow levels on credit institutions in order to capture specific risks to which they are exposed. 2. The Commission shall be empowered to modify the items referred to in paragraph 1 or add additional items only if one of the following conditions is met: (a) a liquidity coverage requirement based on those criteria, considered either individually or cumulatively, would have a material detrimental impact on the business and risk profile of European institutions or on financial markets or the economy; or (b) modification is appropriate to align them with internationally agreed standards for liquidity supervision. For the purposes of point (a), in assessing the impact of a liquidity coverage requirement based on those criteria, the Commission shall take into account the reports referred to in paragraphs 1 and 2 of Article 481. 3. The Commission shall adopt the first delegated act referred to in paragraph 1 at the latest by 31 December 2015. A delegated act adopted in accordance with this Article shall, however, not apply before 1 January 2015.deleted
2012/03/09
Committee: ECON