33 Amendments of Werner LANGEN related to 2011/0202(COD)
Amendment 215 #
Proposal for a regulation
Recital 89
Recital 89
(89) The Commission should adopt the draft regulatory technical standards developed by EBA in the areas of cooperative societies, savings banks or similar institutions, certain own funds instruments, prudential adjustments, deductions from own funds, additional own funds instruments, minority interests, services ancillary to banking, the treatment of credit risk adjustment, probability of default, loss given default, corporate Governance, approaches to risk- weighting of assets, convergence of supervisory practices, liquidity, and transitional arrangements for own funds, by means of delegated acts pursuant to Article 290 TFEU and in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. EBA and the Commission should ensure that those standards and requirements can be applied by all institutions concerned in a manner proportionate to the nature, scale and complexity of those institutions and their activities.
Amendment 262 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Member States shall ensure that the requirements laid down in this Regulation apply in a manner proportional to the nature, scale and complexity of the risks associated with an institution’s business model and activities. The Commission shall ensure that delegated acts, regulatory technical standards and implementing technical standards are consistent with the principle of proportionality, so as to guarantee that this Regulation is applied in a proportional manner. EBA shall therefore ensure that all regulatory and implementing technical standards are drafted in such a way that they are consistent with and uphold the principle of proportionality.
Amendment 370 #
Proposal for a regulation
Article 25 – title
Article 25 – title
Capital instruments of mutuals, cooperative societies, savings banks or similar institutions in Common Equity Tier 1 items
Amendment 376 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) the institution is of a type that is defined under applicable national law and which competent authorities consider to qualify as a mutual, cooperative society, savings banks or a similar institution for the purposes of this Part;
Amendment 380 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) the conditions laid down in Articles 26 and 27 are met, taking account of its specific statutes and legal form;
Amendment 397 #
Proposal for a regulation
Article 27 – title
Article 27 – title
Capital instruments issued by mutuals, cooperative societies, savings banks and similar institutions
Amendment 403 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Capital instruments issued by mutuals, cooperative societies, savings banks and similar institutions shall qualify as Common Equity Tier 1 instruments only if the conditions laid down in Article 26 and this Article are met.
Amendment 445 #
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 473 #
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, either 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 credfor cash-clearing operations wit hinstitution is responsible, under those provisions, for cash-clearing operations within that network that network or that network ensures the liquidity and solvency of the institution in accordance with Article 108(7);
Amendment 474 #
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, either 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 credfor cash-clearing operations wit hinstitution is responsible, under those provisions, for cash-clearing operations within that network that network or that network ensures the liquidity and solvency of the institution in accordance with Article 108(7);
Amendment 484 #
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 485 #
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 509 #
Proposal for a regulation
Article 59 – paragraph 1 – point d a (new)
Article 59 – paragraph 1 – point d a (new)
(da) Value adjustments referred to in Article 37 paragraph 2 of directive 86/635/EU.
Amendment 645 #
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 75 % x 0.7619:
Amendment 703 #
Proposal for a regulation
Article 123 – paragraph 2 – point b
Article 123 – paragraph 2 – point b
(b) alternative investment funds as defined by Article 4(1)(1) of Directive [inserted by OP - Directive on Alternative Investment Fund Managers] unless the institution applies the credit risk assessment method under Article 127 (2), or the look-through approach in Article 127 (4) or the average risk weight approach under Article (5) when the conditions in Article 127 (3) are met;
Amendment 951 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point b
Article 404 – paragraph 1 – subparagraph 1 – point b
(b) transferable assets, including covered bonds, that are of extremely high liquidity and credit quality;
Amendment 969 #
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) state-guaranteed bank debt;
Amendment 971 #
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) liquidity reserves of decentralised groups of credit institutions, in particular if these have explicitly been defined under the law as a source of liquidity at times of crisis;
Amendment 975 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d c (new)
Article 404 – paragraph 1 – subparagraph 1 – point d c (new)
(dc) corporate bonds issued by credit institutions;
Amendment 978 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d d (new)
Article 404 – paragraph 1 – subparagraph 1 – point d d (new)
(dd) listed securities;
Amendment 979 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d e (new)
Article 404 – paragraph 1 – subparagraph 1 – point d e (new)
(de) securitised assets;
Amendment 980 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d f (new)
Article 404 – paragraph 1 – subparagraph 1 – point d f (new)
(df) loans issued by the European Central Bank;
Amendment 981 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d g (new)
Article 404 – paragraph 1 – subparagraph 1 – point d g (new)
(dg) currency market funds and funds that invest in corporate or government bonds;
Amendment 982 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d h (new)
Article 404 – paragraph 1 – subparagraph 1 – point d h (new)
(dh) loans which are made by a bank subject to the capital ratio rule to firms and municipalities and which are potentially suitable for use as collateral in market and pension transactions and in respect of which the haircut applied is the same as that applied to the central bank;
Amendment 1006 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – point iii a (new)
Article 404 – paragraph 2 – point a – point iii a (new)
(iiia) bonds guaranteed by the central government of a Member State under a general programme;
Amendment 1010 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – point iii a (new)
Article 404 – paragraph 2 – point a – point iii a (new)
(iiia) The issuer of transferable assets and the investing institution are both part of the same institutional protection scheme referred to in 108(7)(b), provided that they meet all the conditions laid down in Article 108(7).
Amendment 1068 #
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 riskrisks of permitted investments, only invests in liquid assets.
Amendment 1077 #
Proposal for a regulation
Article 405 – paragraph 1 – point b
Article 405 – paragraph 1 – point b
Amendment 1098 #
Proposal for a regulation
Article 406 – paragraph 2 – subparagraph 1 – point a
Article 406 – paragraph 2 – subparagraph 1 – point a
(a) 0% for the assets in point (a), (b) and (c) of Article 404(1) ;
Amendment 1099 #
Proposal for a regulation
Article 406 – paragraph 2 – subparagraph 1 – point b
Article 406 – paragraph 2 – subparagraph 1 – point b
Amendment 1101 #
Proposal for a regulation
Article 406 – paragraph 2 – subparagraph 1 – point c
Article 406 – paragraph 2 – subparagraph 1 – point c
(c) 2015% for the assets in point (d) of Article 404(1).
Amendment 1238 #
Proposal for a regulation
Article 414
Article 414
Amendment 1249 #
Proposal for a regulation
Article 415
Article 415