13 Amendments of Irene TINAGLI related to 2021/0342(COD)
Amendment 348 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) When measuring capital requirements for operational risk, insurance policies should be allowed to be used as effective risk mitigation techniques. To that end, within 6 months after the entry into force of the Regulation EBA shall report to the Commission on a standardized formula, based on specific criteria, to be used for the calculation of operational risk capital requirements. The Commission should be empowered to submit a legislative proposal within the following 12 months, to the European Parliament and Council of the EU taking into account insurance policies for the calculation of capital requirements on operational risk. EBA should identify eligible insurance contracts.
Amendment 483 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b a (new)
Article 1 – paragraph 1 – point 10 – point b a (new)
Regulation (EU) 575/2013
Article 36 – paragraph 1 – point m
Article 36 – paragraph 1 – point m
(b a) in paragraph 1, point (m) is replaced by the following: '(m) the applicable amount of insufficient coverage for non-performing exposures other than exposures purchased by a specilised debt restructurer which were non-performing at the time of purchase.;'
Amendment 486 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EU) No 575/2013
Article 47a – paragraph 7 a (new)
Article 47a – paragraph 7 a (new)
(11 a) in Article 47a, the following paragraphs are added: '7a. For the purpose of Article 36(m) "specialised debt restructurer" means an institution that, during the preceding financial year, complies with the all following conditions : (i) the main activity of the institution is the purchase of exposures of other institutions and its management body has implemented a clear and effective internal decision process to this end; (ii) the book value of its own originated loans does not exceed 15% of the aggregate book value, including purchased performing and non- performing exposures, of its loans; and (iii) its total assets do not exceed EUR 30,000,000,000. 7b. EBA shall, taking into account the criteria set out in points (i) to (iii) of paragraph 7a, develop draft regulatory technical standards specifying the conditions under which an institution may be considered a specialised debt restructurer. EBA shall submit those draft regulatory technical standards to the Commission by [12 months after the date of entry into force of this amending Regulation]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.'
Amendment 487 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 b (new)
Article 1 – paragraph 1 – point 11 b (new)
Regulation (EU) No 575/2013
Article 47a – paragraph 7 b (new)
Article 47a – paragraph 7 b (new)
(11 b) in Article 47b(1), the introductory part is replaced by the following: '1. Forbearance measure is a concession by an institution towards an obligor that is experiencing or is likely to experience difficulties in meeting its financial commitments. Forbearance measures should aim to return the borrower to a sustainable performing repayment status, having regard to her fair treatment, and to all relevant national and EU consumer protection requirements that may be applicable. Credit institutions shall make best efforts to exercise, where appropriate, reasonable forbearance before enforcement proceedings are initiated. When deciding which forbearance measures to take, creditors should take into account the individual circumstances of the consumer, the consumer’s interests and rights and the consumer’s ability to repay the credit, including in particular if the credit agreement is secured by residential immovable property that is the consumer’s primary residence. A concession may entail a loss for the lender and shall refer to either of the following actions: '
Amendment 492 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 c (new)
Article 1 – paragraph 1 – point 11 c (new)
Regulation (EU) No 575/2013
Article 47b – paragraph 1 – introductory part
Article 47b – paragraph 1 – introductory part
(11 c) in Article 47b(1), the introductory part is replaced by the following: '1. Forbearance measure is a concession by an institution towards an obligor that is experiencing or is likely to experience difficulties in meeting its financial commitments. Forbearance measures should aim to return the borrower to a sustainable performing repayment status, having regard to her fair treatment, and to all relevant national and EU consumer protection requirements that may be applicable. Credit institutions shall make best efforts to exercise, where appropriate, reasonable forbearance before enforcement proceedings are initiated. When deciding which forbearance measures to take, creditors should take into account the individual circumstances of the consumer, the consumer’s interests and rights and the consumer’s ability to repay the credit, including in particular if the credit agreement is secured by residential immovable property that is the consumer’s primary residence. A concession may entail a loss for the lender and shall refer to either of the following actions: '
Amendment 503 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 -a (new)Regulation (EU) No 575/2013
Article 1 – paragraph 1 – point 13 -a (new)Regulation (EU) No 575/2013
Article 49 – paragraph 1 – introductory part
(13 -a) in Article 49(1), the introductory part is replaced by the following: '1. For the purposes of calculating own funds on an individual basis, a sub- consolidated basis and a consolidated basis, where the competent authorities require or permit institutions to apply method 1, 2 or 3 of Annex I to Directive 2002/87/EC, the competent authorities may permit institutions not to deduct the holdings of own fundsequity instruments of a financial sector entity in which the parent institution, parent financial holding company or parent mixed financial holding company or institution has a significant investment, provided that the conditions laid down in points (a) to (e) of this paragraph are met:'
Amendment 872 #
Proposal for a regulation
Article 1 – paragraph 1 – point 52
Article 1 – paragraph 1 – point 52
Regulation 575/2013
Article 133 – paragraph 6
Article 133 – paragraph 6
6. Equity exposures to central banks shall be assigned a risk weight of 100 %.
Amendment 1196 #
Proposal for a regulation
Article 1 – paragraph 1 – point 195 – point a
Article 1 – paragraph 1 – point 195 – point a
Regulation (EU) No 575/2013
Article 462 – paragraph 2
Article 462 – paragraph 2
2. The power to adopt delegated acts referred to in Article 47a, Articles 244(6) and 245(6), in Articles 456 to 460 and, in Articles 461a and 461b, and in Article 500 shall be conferred on the Commission for an indeterminate period of time from 28 June 2013.
Amendment 1197 #
Proposal for a regulation
Article 1 – paragraph 1 – point 195 – point a
Article 1 – paragraph 1 – point 195 – point a
Regulation (EU) No 575/2013
Article 462 – paragraph 3
Article 462 – paragraph 3
3. The delegation of power referred to in Article 47a, Articles 244(6) and 245(6), in Articles 456 to 460 and, in Article 461a and 461b, and in Article 500 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force.;
Amendment 1402 #
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495a – paragraph 3
Article 495a – paragraph 3
3. By way of derogation from Article 133, institutions may continue to assign the same risk weight that was applicable as of [OP please insert the date = one day before the date of entry into force of this amending Regulation] to equity exposures, including the part of the exposures not deducted from own funds in accordance with Article 471, to entities of which they have been a shareholder at [adoption date] for six consecutive years and over which they exercise, at least, control or significant influence in the meaning of Directive 2013/34/EU, or the accounting standards to which an institution is subject under Regulation (EC) No 1606/2002, or a similar relationship between any natural or legal person and an undertaking.
Amendment 1463 #
Proposal for a regulation
Article 1 – paragraph 1 – point 199 a (new)
Article 1 – paragraph 1 – point 199 a (new)
Regulation (EU) No 575/2013
Article 500
Article 500
(199 a) Article 500 is amended as follows: a) paragraph 1, point b) is replaced by the following: '(b) the dates of the disposals of defaulted exposures are after 23 November 2016 but not later than 28 June 2022; 31 December 2026' (b) paragraph 1, subparagraph 2, is replaced by the following: 'The adjustment referred to in the first subparagraph may only be carried out until 28 June31 December 20226 and its effects may last for as long as the corresponding exposures are included in the institution's own LGD estimates.' c) a new paragraph 2a is introduced as follows: '2a. The Commission shall, by 31 December 2026, and every two years thereafter, assess if the level of defaulted exposures in the balance sheets of the institutions has increased significantly, or it expects a significant deterioration in the institutions’ asset quality, or if the degree of development of secondary markets for defaulted exposures is not adequate to ensure efficient disposals of defaulted exposures by institutions, also taking into consideration the regulatory developments on securitisation. The Commission shall review the appropriateness of the derogation set out in paragraph 1 and it shall, where appropriate, adopt delegated acts in accordance with Article 462 to extend, reintroduce, or amend, as needed, the adjustment provided in this Article.'
Amendment 1525 #
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Article 1 – paragraph 1 – point 205
Regulation (EU) No 575/2013
Article 519d – paragraph 1 – introductory part
Article 519d – paragraph 1 – introductory part
By [OP please insert the date = 60 months after date of application of Part Three, Title III], the EBA shall report to the Commission on all of the following:
Amendment 1535 #
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Article 1 – paragraph 1 – point 205
Regulation (EU) No 575/2013
Article 519d – paragraph 2
Article 519d – paragraph 2
On the basis of that report, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal by [OP please insert the date = 712 months after date of application of Part Three, Title III].;