19 Amendments of Markus FERBER related to 2011/0202(COD)
Amendment 446 #
Proposal for a regulation
Article 46 – title
Article 46 – title
Other exemptions from, and alternatives to, deduction where consolidation isand Article 108 (7) are applied
Amendment 475 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – point i
Article 46 – paragraph 3 – point b – point i
(i) where the holding is in a central or regional credit institution, the institution with that holding is associated with that central or regional credit institution in a network subject to legal or statutory provisions and the central or regional credit institution is responsible, under those provisions, for cash-clearing operations within that network or that network ensures the liquidity and solvency of the institution in accordance with Article 108(7);
Amendment 486 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – point v
Article 46 – paragraph 3 – point b – point v
(v) the institution draws up and reports to the competent authorities the consolidated or aggregated balance sheet referred to in point (e) of Article 108(7) no less frequently than own funds requirements are required to be reported underlaid down in Article 95108(7).
Amendment 594 #
Proposal for a regulation
Article 95 – paragraph 1 – subparagraph 2
Article 95 – paragraph 1 – subparagraph 2
This reporting shall include financial information drawn up in accordance with the accounting framework to which the institution is subject under Regulation (EC) No 1606/2002 and Directive 86/635/EEC to the extent this is necessary to obtain a comprehensive view of the risk profile of an institution's activities.
Amendment 643 #
Proposal for a regulation
Article 118 – paragraph 1 – introductory part
Article 118 – paragraph 1 – introductory part
Exposures that comply with the following criteria shall be assigned a risk weight of 750 %:
Amendment 650 #
Proposal for a regulation
Article 118 – paragraph 1 – point c
Article 118 – paragraph 1 – point c
(c) the total amount owed to the institution and parent undertakings and its subsidiaries, including any exposure in default, by the obligor client or group of connected clients, but excluding claims or contingent claims secured on residential property collateral, shall not, to the knowledge of the institution, exceed EUR 15 million. The institution shall take reasonable steps to acquire this knowledge.
Amendment 652 #
Proposal for a regulation
Article 118 – paragraph 1 – point c
Article 118 – paragraph 1 – point c
(c) the total amount owed to the institution and parent undertakings and its subsidiaries, including any exposure in default, by the obligor client or group of connected clients, but excluding claims or contingent claims secured on residential property collateral, shall not, to the knowledge of the institution, exceed EUR 15 million. The institution shall take reasonable steps to acquire this knowledge.
Amendment 655 #
Proposal for a regulation
Article 118 – paragraph 1 – point c a (new)
Article 118 – paragraph 1 – point c a (new)
(ca) The overall capital requirements for retail exposure should be adjusted by the balancing factor of 0.761.
Amendment 663 #
Proposal for a regulation
Article 119 – paragraph 2 – subparagraph 1
Article 119 – paragraph 2 – subparagraph 1
Based on the data collected under Article 96, and any other relevant indicators, the competent authorities shall periodically, and at least annually, assess whether the risk-weight of 325% for exposures secured by mortgages on residential property referred to in Article 120 and the risk weight of 350% for exposures secured on commercial immovable property referred to in Article 121 located in its territory are appropriate based on the default experience of exposures secured by immovable property and taking into account forward- looking immovable property markets developments, and may set a higher risk weight or stricter criteria than those set out in Article 120(2) and 121(2), where appropriate, on the basis of financial stability considerations. EBA shall coordinate the assessments carried out by the competent authorities.
Amendment 670 #
Proposal for a regulation
Article 120 – paragraph 1 – point a
Article 120 – paragraph 1 – point a
(a) exposures or any part of an exposure fully and completely secured by mortgages on residential property which is or shall be occupied or let by the owner, or the beneficial owner in the case of personal investment companies, shall be assigned a risk weight of 325%;
Amendment 680 #
Proposal for a regulation
Article 121 – paragraph 1 – point a
Article 121 – paragraph 1 – point a
(a) exposures or any part of an exposure fully and completely secured by mortgages on offices or other commercial premises may be assigned a risk weight of 350%;
Amendment 741 #
Proposal for a regulation
Article 148 – paragraph 4
Article 148 – paragraph 4
4. For exposures to companies where the total annual sales for the consolidated group of which the firm is a part is less than EUR 250 million, institutions may use the following correlation formula in paragraph 1 (iii) for the calculation of risk weights for corporate exposures. In this formula S is expressed as total annual sales in millions of Euros with EUR 5 million ≤ S ≤ EUR 250 million. Reported sales of less than EUR 5 million shall be treated as if they were equivalent to EUR 5 million. For purchased receivables the total annual sales shall be the weighted average by individual exposures of the pool.
Amendment 970 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d a (new)
Article 404 – paragraph 1 – subparagraph 1 – point d a (new)
(da) for decentralized groups of credit institutions, liquidity reserves, especially if explicitly defined by law as a source of liquidity in times of crisis;
Amendment 976 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d b (new)
Article 404 – paragraph 1 – subparagraph 1 – point d b (new)
(db) loans to local authorities made by the bank subject to the ratio that are eligible for central bank refinancing and potentially usable as collateral in market operations and repos, with the haircut applied to these loans being that applied to central bank.
Amendment 998 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – point ii
Article 404 – paragraph 2 – point a – point ii
(ii) they are bonds as defined in Article 52(4) of Directive 2009/65/EC other than those referred to in (i) or equivalent items subject to the approval of the competent authorities;
Amendment 1001 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – point ii a (new)
Article 404 – paragraph 2 – point a – point ii a (new)
(ii a) they are bonds eligible for the treatment set out in Article 124 (3) or (4) or asset backed instruments of high liquid and credit quality as established by EBA pursuant to Article 481 (1) and which are subject to supervision and fulfil the requirements as set forth in Article 174 b (2), (5), (6), (7) and (8) of the Solvency II draft implementing measures;
Amendment 1007 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – point iii a (new)
Article 404 – paragraph 2 – point a – point iii a (new)
(iii a) they are bonds guaranteed by a Member State's central government under a general programme of guarantees.
Amendment 1065 #
Proposal for a regulation
Article 404 – paragraph 5
Article 404 – paragraph 5
5. Shares or units in CIUs may be treated as liquid assets up to an absolute amount of 250 million EUR provided that the requirements in Article 127(3) are met and that the CIU, apart from derivatives to mitigate interest rate or credit risk, only invests in liquid assetsey are liquid assets under the definition of this article.
Amendment 1215 #
Proposal for a regulation
Article 413 – paragraph 2 – point c
Article 413 – paragraph 2 – point c
(c) monies due that the institution owing those monies treats according to Article 410(4), a shall be reduced by 75%. Any undrawn credit or liquidity facilities and any other commitments received shall not be taken into account.